FULL USE OF HIS RIGHTS OF COMPLAINT UNDER THE STAFF REGULATIONS AND THE IMPLEMENTING PROVISIONS ADOPTED PURSUANT TO THEM BUT ALSO THAT HIS COMPLAINTS RECEIVED SERIOUS ATTENTION FROM HIS SUPERIORS , WHO EXPRESSLY STATED THEIR REASONS FOR AN ASSESSMENT WHICH MIGHT HAVE APPEARED INAPPROPRIATE TO THE APPLICANT AND NOT SUFFICIENTLY REASONED TO THE JOINT COMMITTEE .
18 IT FOLLOWS THAT THIS SUBMISSION MUST ALSO BE DISMISSED .
THE SUBMISSION THAT THE APPEAL ASSESSOR IGNORED HIS TRUE ROLE
19 THE APPLICANT ACCUSES THE APPEAL ASSESSOR OF HAVING ADOPTED , QUITE UNCRITICALLY , THE ASSESSMENTS MADE BY THE FIRST ASSESSOR IN HIS LETTER OF 6 FEBRUARY 1979 IN RESPONSE TO THE JOINT COMMITTEE ' S OPINION . THE APPLICANT CONTENDS THAT IN THUS CONFIRMING WHAT HE CONSIDERS TO BE ' ' UNJUSTIFIED ACCUSATIONS ' ' THE APPEAL ASSESSOR DISREGARDED HIS PROPER TASK WHICH IS TO ACT AS A ' ' CONCILIATOR ' ' IN THE DISPUTE BETWEEN AN OFFICIAL AND HIS ASSESSOR .
20 IN MAKING THAT SUBMISSION THE APPLICANT FAILS TO UNDERSTAND THE ROLE OF THE APPEAL ASSESSOR . HIS TASK IS TO CHECK , QUITE INDEPENDENTLY , THE ASSESSMENTS MADE BY THE FIRST ASSESSOR . HE IS THEREFORE PERFECTLY ENTITLED TO CONFIRM THE FIRST ASSESSMENT IF HE THINKS THAT APPROPRIATE .
21 THIS SUBMISSION MUST THEREFORE ALSO BE DISMISSED .
THE SUBMISSION THAT SOME OF THE ASSESSMENTS IN THE PERIODIC REPORT ARE MANIFESTLY WRONG
22 THE APPLICANT CONTENDS THAT THE ASSESSORS ' CRITICAL OBSERVATIONS REGARDING HIS ABILITY TO MANAGE A SPECIALIZED BRANCH AND ON HIS RELATIONS WITH HIS COLLEAGUES ARE MANIFESTLY WRONG AND QUITE GROUNDLESS . HE ATTRIBUTES THEM TO HIS SUPERIORS ' ANIMOSITY TOWARDS HIM DUE TO DIFFERENCES OF OPINION ABOUT THE POLICY PURSUED BY THE DIRECTORATE GENERAL AND BIAS SHOWN ON BEHALF OF ONE OF HIS COLLEAGUES WHOSE PROMOTION HIS IMMEDIATE SUPERIORS WISHED TO ENSURE .
23 IN THIS REGARD IT MUST BE STRESSED THAT ASSESSORS HAVE THE WIDEST DISCRETION WHEN JUDGING THE WORK OF PERSONS UPON WHOM THEY MUST REPORT AND THAT IT IS NOT FOR THE COURT TO INTERFERE WITH THEIR ASSESSMENTS SAVE IN THE CASE OF ERROR OR MANIFEST EXAGGERATION .
24 ON THIS POINT IT NEED ONLY BE RECALLED THAT IN HIS ORIGINAL PERIODIC REPORT THE APPLICANT ' S PERFORMANCE WAS MARKED AS ' ' AVERAGE ' ' AND IT WAS ONLY AT THE APPLICANT ' S INSISTENCE THAT THE ASSESSORS EXPRESSLY STATED THE REASONS WHICH , IN THEIR VIEW , JUSTIFIED A LESS FAVOURABLE ASSESSMENT THAN THAT AWARDED FOR THE PREVIOUS PERIOD OF ASSESSMENT . THE APPLICANT HAS NOT ADDUCED ANY CONVINCING REASON FOR BELIEVING THAT IN MAKING THEIR JUDGMENTS THE ASSESSORS EXCEEDED THE DISCRETION ALLOWED THEM OR WERE GUIDED BY CONSIDERATIONS ALIEN TO THE SPIRIT OF OBJECTIVITY IN WHICH PERIODIC REPORTS MUST BE DRAWN UP .
25 THIS SUBMISSION MUST THEREFORE ALSO BE DISMISSED .
APPLICATION 37/81 ( REASSIGNMENT )
26 BEFORE THE OCCURRENCE OF THE EVENTS WHICH GAVE RISE TO THIS CASE MR SETON MANAGED AS HEAD OF DEPARTMENT THE SPECIALIZED