AS COMPARED WITH THOSE AWARDED IN THE PREVIOUS REPORT .
6 ON 6 FEBRUARY 1979 MR ERDMENGER EXPRESSLY STATED THE REASONS FOR HIS ASSESSMENTS AS REQUESTED IN THAT OPINION . HE STATED THAT AS HEAD OF AN INDEPENDENT BRANCH MR SETON HAD ASSUMED NEW RESPONSIBILITIES DURING THE PERIOD OF ASSESSMENT , THAT IN THE PERFORMANCE OF THOSE DUTIES HE HAD NOT SHOWN SUFFICIENT APTITUDE FOR ORGANIZING AND MANAGING HIS UNIT AND THAT HE HAD NOT TREATED HIS SUBORDINATES CORRECTLY OR SUCCEEDED IN CREATING A GOOD WORKING ATMOSPHERE . THOSE CONSIDERATIONS JUSTIFIED , HE STATED , THE REDUCTION OF THE TWO MARKS IN QUESTION AS COMPARED WITH THOSE OBTAINED IN THE PREVIOUS PERIOD . ON 30 JULY 1980 THOSE FINDINGS WERE CONFIRMED BY THE ASSESSOR AND ATTACHED TO THE PERIODIC REPORT .
7 ON 17 JULY 1980 MR SETON HAD MADE A COMPLAINT UNDER ARTICLE 90 OF THE STAFF REGULATIONS AGAINST THE ASSESSMENT OF THE FIRST ASSESSOR . HAVING IN THE MEANTIME RECEIVED NOTIFICATION OF THE APPEAL ASSESSOR ' S OPINION HE SUBMITTED A SECOND COMPLAINT ON 28 OCTOBER 1980 .
8 MR SETON DID NOT RECEIVE A REPLY TO HIS COMPLAINTS AND ON 18 FEBRUARY 1981 HE THEREFORE LODGED APPLICATION 36/81 SEEKING THE ANNULMENT OF THE ENTIRE ASSESSMENT PROCEDURE ON THE GROUNDS OF ' ' CONSISTENT DELAY ' ' .
9 SUBSEQUENTLY , THE COMMISSION REJECTED HIS COMPLAINTS BY A DECISION OF 13 MAY 1981 AND MR SETON THEN LODGED APPLICATION 218/81 ON 20 JULY 1981 . IN THAT APPLICATION HE ADVANCED FOUR ADDITIONAL SUBMISSIONS ALLEGING :
THAT , CONTRARY TO THE PROVISIONS OF THE GUIDE TO STAFF REPORTS , THE JOINT COMMITTEE ON STAFF REPORTS WAS NOT CONSULTED ;
THAT THE APPEAL ASSESSOR IGNORED HIS ROLE OF CONCILIATOR BY MERELY CONFIRMING THE ADVERSE JUDGMENTS OF THE FIRST ASSESSOR ;
THAT SOME OF THE ASSESSMENTS IN THE REPORT WERE MANIFESTLY WRONG ;
THAT THERE WAS A MISUSE OF POWER INASMUCH AS BY MEANS OF HIS UNFAVOURABLE REPORT MR ERDMENGER PREPARED THE GROUND FOR REMOVING THE APPLICANT FROM HIS POST OF HEAD OF DEPARTMENT .
10 IN SUPPORT OF THE LAST SUBMISSION THE APPLICANT MAINTAINS WORD FOR WORD THE ARGUMENTS ADVANCED IN THE DISPUTE ABOUT HIS REASSIGNMENT . SINCE THAT CONTENTION WILL BE EXAMINED IN CONNECTION WITH APPLICATION 37/81 , FOR THE PURPOSES OF APPLICATIONS 36 AND 218/81 ITS EXAMINATION MAY THEREFORE BE LIMITED TO THE SUBMISSIONS RELATING TO THE DELAY IN DRAWING UP THE PERIODIC REPORT AND THE FACT THAT THE JOINT COMMITTEE ON STAFF REPORTS WAS NOT CONSULTED AND TO THE ALLEGATIONS THAT THE APPEAL ASSESSOR IGNORED HIS TRUE ROLE AND THAT CERTAIN ASSESSMENTS WERE WRONG .
THE SUBMISSION REGARDING THE DELAY IN DRAWING UP THE PERIODIC REPORT
11 THE INTERVALS BETWEEN THE DATES SET OUT ABOVE SHOW THAT IN FACT FOUR YEARS AND THREE MONTHS ELAPSED BETWEEN THE DATE ON WHICH THE APPLICANT MADE HIS OBSERVATIONS ON THE FIRST VERSION OF HIS PERIODIC REPORT AND THE DATE ON WHICH IT WAS FINALLY CONFIRMED BY THE APPEAL ASSESSOR .