HIS VIEWS ON THE OBSERVATIONS MADE WITH REGARD TO HIM BY MR NORA .
THIS IS NOT SO IN THIS CASE SINCE THE APPLICANT HAD BEEN INFORMED BY A SUMMARY OF THE SUBSTANCE OF THESE OBSERVATIONS .
MOREOVER, ALTHOUGH IT IS CLEAR FROM THE LETTER SENT TO HIM BY THE DEFENDANT ON 31 OCTOBER 1962 THAT THE APPLICANT WAS LATER GIVEN ACCESS TO ALL THE PASSAGES RELATING TO HIM IN THE DOCUMENTS CONCERNING THE INTEGRATION PROCEDURE, HE HAS RAISED NO OBJECTION, EITHER BEFORE THE ADMINISTRATION OR BEFORE THE COURT, TO THE SUBSTANCE OF THE OBSERVATIONS MADE BY MR NORA WITH REGARD TO HIM BEFORE THE ESTABLISHMENT BOARD WHICH APPEARED IN THE MINUTES OF THE MEETING OF 21 MAY 1962 .
AS REGARDS THE REFUSAL TO ALLOW THE APPLICANT TO MEET HIS IMMEDIATE SUPERIOR, IT IS CLEAR FROM THE MINUTES OF THE MEETING OF THE ESTABLISHMENT BOARD 20 JUNE 1962 THAT, AS REGARDS HIS REQUEST TO MEET HIS SUPERIORS, THE APPLICANT HAD EXPRESSED HIMSELF AT THAT MEETING AS SATISFIED WITH THE ORAL INFORMATION GIVEN BY MR SIGNORINI, CHAIRMAN OF THE BOARD .
THEREFORE, THE COMPLAINT BASED ON THE IRREGULARITY OF THE INTEGRATION PROCEDURE CANNOT BE MAINTAINED .
AS REGARDS THE LACK OF SUFFICIENT REASONS
THE APPLICANT ALLEGES THAT SUFFICIENT REASONS WERE NOT GIVEN FOR THE RECOMMENDATION OF THE BOARD .
ACCORDING TO THE FIRST PARAGRAPH OF ARTICLE 25 OF THE STAFF REGULATIONS OF OFFICIALS, ANY DECISION ADVERSELY AFFECTING AN OFFICIAL SHALL STATE THE REASONS ON WHICH IT IS BASED .
THIS REQUIREMENT IS SATISFIED WHEN THE REASONS ON WHICH THE DECISION ADVERSELY AFFECTING THE OFFICIAL IS BASED ARE GIVEN CLEARLY AND UNEQUIVOCALLY .
IN ITS REPORT OF 16 JULY 1962 THE ESTABLISHMENT BOARD STATES THAT ITS RECOMMENDATION NOT TO ESTABLISH MR LEROY 'WAS ISSUED ON THE BASIS OF THE ESTABLISHMENT REPORT DRAWN UP BY THE CANDIDATE'S SUPERIOR OFFICER AND THE OBSERVATIONS MADE BY THE CANDIDATE ON THE REPORT, AFTER STUDYING HIS FILE AND HEARING BOTH MR LEROY AND HIS SUPERIORS '.
IT IS TRUE THAT THE BOARD COULD HAVE BEEN MORE EXPLICIT AND COULD HAVE INDICATED PRECISELY THE FACTORS CONCERNING THE APPLICANT'S ABILITY TO PERFORM THE DUTIES ASSIGNED TO HIM ON WHICH THE UNFAVOURABLE RECOMMENDATION WAS BASED . HOWEVER, THE GENERAL REFERENCE MADE AT THE OUTSET TO THE REPORT OF THE APPLICANT'S IMMEDIATE SUPERIOR MAKES IT CLEAR BEYOND ALL DOUBT THAT THE OBSERVATIONS CONTAINED IN THIS REPORT, WHICH WERE CONFIRMED BY THE APPLICANT'S DIRECTOR-GENERAL, CONSTITUTE THE REASONS FOR THE RECOMMENDATION IN QUESTION . THIS VIEW IS CONFIRMED BY THE FACT THAT THE APPLICANT HAS NOT FAILED TO CRITICIZE THE OBSERVATIONS CONTAINED IN THE REPORT OF HIS SUPERIOR . THE APPLICANT CONTENDS THAT THESE OBSERVATIONS ARE GENERAL AND SUBJECTIVE . IT MUST BE REMARKED THAT THE REPORT WAS INTENDED TO PROVIDE AN ASSESSMENT OF MR LEROY'S GENERAL BEHAVIOUR . IT CANNOT THEREFORE BE CRITICIZED FOR NOT GOING INTO DETAILS AND MENTIONING SPECIFIC FACTS .
THIS BEING SO, THE LACK OF DETAIL NOTED ABOVE IN THE REASONS FOR THE RECOMMENDATION OF THE BOARD