THE RIGHT TO A FAIR HEARING IN DISCIPLINARY PROCEEDINGS MUST BE OBSERVED NOT ONLY IN THE COURSE OF PROCEEDINGS BEFORE THE DISCIPLINARY BOARD PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 87 OF AND ANNEX IX TO THE STAFF REGULATIONS BUT ALSO IN THE COURSE OF DISCIPLINARY PROCEEDINGS BEFORE THE APPOINTING AUTHORITY GOVERNED BY THE FIRST PARAGRAPH OF ARTICLE 87 . THE RIGHT TO BE HEARD REFERRED TO IN THAT PARAGRAPH PRESUPPOSES THAT THE APPOINTING AUTHORITY HAS PREVIOUSLY INFORMED THE OFFICIAL CONCERNED OF THE COMPLAINTS AGAINST HIM AND THAT HE HAS HAD A REASONABLE TIME TO PREPARE HIS DEFENCE .
8 IN THIS CASE THE APPOINTING AUTHORITY HAS NOT SATISFIED THOSE CONDITIONS . THE APPOINTING AUTHORITY DID NOT INFORM THE APPLICANT OF THE COMPLAINTS AGAINST HIM BEFOREHAND, NOT EVEN BY NOTIFYING HIM OF THE MEMORANDUM SENT BY THE APPOINTING AUTHORITY TO HIS IMMEDIATE SUPERIORS AND THE TELEPHONE CALL WHICH SUMMONED THE APPLICANT TO A MEETING WITH THE APPOINTING AUTHORITY THAT SAME DAY DID NOT GIVE HIM A REASONABLE TIME TO PREPARE HIS DEFENCE .
9 IN THOSE CIRCUMSTANCES AND WITHOUT THERE BEING ANY NEED TO EXAMINE THE OTHER OBJECTIONS TO THE DISCIPLINARY PROCEEDINGS OR THE SUBMISSION THAT THE DECISION WAS BASED ON INSUFFICIENT REASONS, THE APPOINTING AUTHORITY' S DECISION OF 9 JANUARY 1985 MUST BE ANNULLED .
Decision on costs
COSTS
10 ACCORDING TO ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE, THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS, IT MUST BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS,
THE COURT ( SECOND CHAMBER )
HEREBY :
( 1 ) ANNULS THE DECISION OF 9 JANUARY 1985 WHEREBY THE SECRETARY-GENERAL OF THE COUNCIL IMPOSED ON THE APPLICANT A DISCIPLINARY MEASURE IN THE FORM OF A REPRIMAND;
( 2 ) ORDERS THE COUNCIL TO PAY THE COSTS .