HER DUTIES MEANT THAT THE REPORT AT ISSUE IN THIS CASE WAS NOT DRAWN UP BY THE PERSON WHO WAS RESPONSIBLE FOR THE PREVIOUS REPORT WHICH IS TO SERVE AS A COMPARISON . HOWEVER, AS THE APPLICANT HAS RIGHTLY POINTED OUT, BOTH THE REPORTING OFFICER AND THE APPEAL ASSESSOR HAD THE OPPORTUNITY OF CONTACTING THE PREVIOUS REPORTING OFFICER UNDER THE PROCEDURE SET UP BY THE GUIDE TO STAFF REPORTS SO AS TO GAIN A BETTER IMPRESSION OF ANY CHANGES IN THE OFFICIAL' S STANDARD OF WORK . THAT BEING SO, THE FACT THAT THE REPORTING OFFICER WAS A DIFFERENT ONE IS ALSO NOT SUFFICIENT TO RELEASE THE COMMISSION FROM ITS DUTY TO EXPLAIN ANY CHANGES IN THE ANALYTICAL ASSESSMENTS .
17 ADMITTEDLY, THERE IS A GAP OF FOUR YEARS BETWEEN THE PERIOD COVERED BY THE REPORT AT ISSUE AND THAT COVERED BY THE REPORT TO BE USED AS A COMPARISON . NEVERTHELESS, IN VIEW OF THE FACT THAT THE ORIGINAL DUTIES AND THE NEW DUTIES ARE SIMILAR AND THE REPORTING OFFICERS FOR 1975-77 AND FOR 1981-83 WERE ABLE TO DISCUSS THE MATTER BETWEEN THEMSELVES, THAT PARTICULAR CIRCUMSTANCE CANNOT BE RELIED UPON BY THE COMMISSION IN ORDER TO ESCAPE ITS DUTY TO GIVE REASONS . MOREOVER, THE COMMISSION ITSELF ACKNOWLEDGED IN ITS MEMORANDUM OF 19 SEPTEMBER 1985 THAT IT IS THE REPORT FOR THE PERIOD 1975-77 WHICH IS TO BE USED AS A COMPARISON FOR THE PURPOSES OF ARTICLE 5 ( 2 ) OF THE GUIDE TO STAFF REPORTS IN THIS INSTANCE .
18 THE COMMISSION MAINTAINS THAT THE FAILURE TO FULFIL THE DUTY LAID DOWN BY ARTICLE 5 ( 2 ) OF THE GUIDE TO STAFF REPORTS MUST BE REGARDED AS A PROCEDURAL IRREGULARITY WHICH, ACCORDING TO THE CASE-LAW OF THE COURT, DOES NOT AFFECT THE VALIDITY OF THE PERIODIC REPORT UNLESS IT IS CAPABLE OF ADVERSELY AFFECTING THE OFFICIAL . THE COURT WOULD POINT OUT THAT THE DUTY TO STATE REASONS IS INTENDED TO ENABLE THE OFFICIAL TO KNOW WHY THE ANALYTICAL ASSESSMENTS HAVE CHANGED, TO VERIFY THE FACTORS RELIED UPON AND HENCE TO SUBMIT HIS OBSERVATIONS ON THE STATEMENT OF REASONS IN THE CONTEXT OF HIS RIGHT TO BE HEARD . THE PERIODIC REPORT IS VITIATED BY FAILURE TO OBSERVE AN ESSENTIAL PROCEDURAL REQUIREMENT IF THE FAILURE TO STATE REASONS HAS INFRINGED THE OFFICIAL' S RIGHT TO BE HEARD . THE FACT THAT THE OFFICIAL IN QUESTION COULD NOT IN ANY EVENT HAVE EXPECTED BETTER ANALYTICAL ASSESSMENTS - THAT IS TO SAY, IF THE REPORTING OFFICER HAD EXPLAINED HIS ASSESSMENTS - IS THEREFORE IRRELEVANT . THE APPLICANT' S SECOND SUBMISSION IS THEREFORE WELL FOUNDED .
THE CLAIM FOR DAMAGES
( A ) THE DELAY IN DRAWING UP THE PERIODIC REPORT FOR 1981-83
19 AS THE COURT HAS ALREADY STATED, THE APPLICANT HAS BEEN UNABLE TO SHOW THAT DURING THE PERIOD WHEN THERE WAS NO REPORT A FAVOURABLE DECISION CONCERNING HER COULD HAVE BEEN ADOPTED . THAT BEING SO, THE CLAIM FOR DAMAGES FOR THE DELAY IN DRAWING UP