ON THE SUBSTANCE OF THE CASE
ON THE GROUND OF COMPLAINT BASED ON THE IRREGULAR EXTENSION OF THE PROBATIONARY PERIOD
THE APPLICANT MAINTAINS THAT THE EXTENSION OF HIS PROBATIONARY PERIOD WAS DETRIMENTAL TO HIM ON THE GROUND THAT THE REPORT PREPARED AT THE END OF HIS FIRST SIX MONTHS' SERVICE WAS FAVOURABLE TO HIM, WHEREAS THE REPORT PREPARED AFTER THE EXTENSION OF HIS PROBATIONARY PERIOD, ON WHICH THE ESTABLISHMENT BOARD RELIED, WAS UNFAVOURABLE . THEREFORE, SINCE THE EXTENSION WAS IRREGULAR, SO TOO MUST BE THE CONTESTED DECISION .
EVEN IF THE APPLICANT'S PROBATIONARY PERIOD DID NOT TAKE AN ENTIRELY NORMAL COURSE IT CANNOT BE SAID THAT THE IRREGULARITIES INVOKED IN THIS CONNEXION ARE SUCH AS COULD INVALIDATE THE DECISION NOT TO INTEGRATE HIM .
IN FACT, SINCE THE INTEGRATION PROCEDURE TOOK PLACE MORE THAN A YEAR AFTER THE END OF THE PERIOD REFERRED TO IN THE PROBATION REPORT OF 16 FEBRUARY 1962, THE ADMINISTRATION, NOTWITHSTANDING ANY EXTENSION OF THE APPLICANT'S PROBATIONARY PERIOD, HAD THE RIGHT AND THE DUTY TO SUBMIT TO THE ESTABLISHMENT BOARD A MORE RECENT REPORT COVERING THE ENTIRE PERIOD WHICH HAD ELAPSED SINCE THE APPLICANT WAS ENGAGED . THE ESTABLISHMENT REPORT DRAWN UP IN NOVEMBER 1962 WAS THEREFORE PROPERLY PUT BEFORE THE ESTABLISHMENT BOARD .
THIS GROUND OF COMPLAINT IS THEREFORE UNFOUNDED .
ON THE GROUND OF COMPLAINT BASED ON THE INTEGRATION PROCEDURE
THE APPLICANT COMPLAINS THAT THE FULL CONTENTS OF THE OPINION OF THE ESTABLISHMENT BOARD WERE NOT MADE AVAILABLE TO HIM BEFORE THE DECISION REFUSING TO INTEGRATE HIM WAS TAKEN AND THAT THE OPINION WAS NOT PLACED IN HIS PERSONAL FILE .
THE UNFAVOURABLE OPINION OF THE ESTABLISHMENT BOARD IS BINDING ON THE APPOINTING AUTHORITY . ANY GROUND OF COMPLAINT BY THE PERSON CONCERNED AGAINST THIS OPINION COULD ONLY BE RAISED EFFECTIVELY BY MEANS OF AN ACTION AGAINST THE DECISION OF THE APPOINTING AUTHORITY, SINCE THIS DECISION, WHICH CONSTITUTES THE FINAL STEP IN THE INTEGRATION PROCEDURE, IS REQUIRED TO CONFIRM THE OPINION .
THEREFORE, THE APPLICANT COULD NOT HAVE BEEN PREJUDICED BY THE FAILURE TO INFORM HIM OF THE OPINION BEFORE THE DECISION WAS TAKEN . IN THOSE CIRCUMSTANCES, THE ADMINISTRATION CANNOT BE REGARDED AS BOUND TO INFORM THE PARTY CONCERNED OF THE OPINION OF THE ESTABLISHMENT BOARD BEFORE ITS DECISION IS NOTIFIED TO HIM .
MOREOVER, THE APPLICANT CONSIDERS THAT THE INTEGRATION PROCEDURE IS IRREGULAR IN THAT HE WAS ALLOWED NO MEETING WITH THOSE HEADS OF DEPARTMENT WHO DREW UP HIS ESTABLISHMENT REPORT .
THE APPLICANT WAS IN A POSITION TO GIVE THE ESTABLISHMENT BOARD HIS VIEWS ON THE OBSERVATIONS MADE WITH REGARD TO HIM BY HIS HEADS OF DEPARTMENT .
FURTHERMORE, IN VIEW OF THE CIRCUMSTANCES PECULIAR TO THIS CASE, A DIRECT MEETING BETWEEN THE SERVANT CONCERNED AND HIS HEADS OF DEPARTMENT COULD HARDLY HAVE BROUGHT ANY SUBSTANTIAL NEW FACTS TO THE NOTICE OF THE BOARD .
THE APPLICANT'S COMPLAINTS BASED ON THE UNLAWFUL NATURE OF THE INTEGRATION PROCEDURE ARE THEREFORE UNFOUNDED .
ON THE SUBMISSIONS CONCERNING THE IRREGULAR ASSESSMENT OF THE APPLICANT'S