IS ESTABLISHED THAT AT THE END OF A MEETING BETWEEN ( THE APPLICANT ) AND MR J.-C . MOREL , DIRECTOR GENERAL FOR PERSONNEL AND ADMINISTRATION , ON 6 OCTOBER 1982 , ( THE APPLICANT ) COMMITTED A VIOLENT ACT OF AGGRESSION AGAINST THE DIRECTOR GENERAL FOR PERSONNEL AND ADMINISTRATION CAUSING HIM INJURIES ;
WHEREAS THE GRAVITY OF SUCH CONDUCT MERITS A PARTICULARLY SEVERE JUDGMENT , ESPECIALLY AS IT WAS THE ACT OF AN OFFICIAL OF THE RANK OF PRINCIPAL ADMINISTRATOR ;
WHEREAS THE CORRESPONDENCE PLACED ON THE FILE OF THE DISCIPLINARY BOARD ( AND IN PARTICULAR THE DRAFT NOTE PREPARED BY THE DIRECTORATE GENERAL FOR PERSONNEL AND ADMINISTRATION AT THE END OF SEPTEMBER 1982 AND THE NOTE FROM THE LEGAL DEPARTMENT OF 30 SEPTEMBER 1982 ) SHOWS THAT NO DECISION CONCERNING THE ( APPLICANT ' S ) ADMINISTRATIVE POSITION HAD BEEN TAKEN AT THE TIME OF THE MEETING HELD ON 6 OCTOBER 1982 IN THE OFFICE OF THE DIRECTOR GENERAL FOR PERSONNEL AND ADMINISTRATION ; NOR INDEED HAS ANY DECISION YET BEEN TAKEN ON THE MATTER , AND THUS ( THE APPLICANT ) AT PRESENT IS STILL SECONDED TO THE FRENCH MINISTRY OF COOPERATION ;
WHEREAS THE OBJECT OF THE MEETING WAS TO CONSIDER THE ADMINISTRATIVE CONSEQUENCES OF ( THE APPLICANT ' S ) ELECTION TO THE CORSICAN ASSEMBLY AND TO CLARIFY THE POSITION FOR THE PURPOSE OF DETERMINING WHAT ADMINISTRATIVE DECISIONS SHOULD BE TAKEN ;
WHEREAS , WHATEVER THE ( APPLICANT ' S ) IMPRESSIONS MAY HAVE BEEN AT THAT MEETING WITH THE DIRECTOR GENERAL FOR PERSONNEL AND ADMINISTRATION AND HOWEVER GREAT THE FRUSTRATION WHICH HE MAY HAVE FELT , IT IS NONE THE LESS TRUE THAT AN OFFICIAL MUST EXPECT TO ENCOUNTER CHANGES IN HIS ADMINISTRATIVE POSITION DURING HIS CAREER AND THAT , IN ANY EVENT , THE STAFF REGULATIONS AND THE ADMINISTRATIVE RULES PROVIDE AN EXTENSIVE RANGE OF REMEDIES AT VARIOUS LEVELS ;
WHEREAS ARTICLE 86 ( 1 ) OF THE STAFF REGULATIONS MAKES IT A CONDITION FOR THE IMPOSITION OF DISCIPLINARY MEASURES THAT THE FAILURE TO COMPLY WITH OBLIGATIONS SHOULD HAVE BEEN INTENTIONAL OR THROUGH NEGLIGENCE ;
WHEREAS FOR DISCIPLINARY PURPOSES AN OFFICIAL IS TO BE EXCUSED RESPONSIBILITY FOR HIS ACTIONS ONLY IN THE CASE OF MENTAL ILLNESS SO SERIOUS AS TO REDUCE THE DEGREE OF INTENT ;
WHEREAS IN THE LIGHT OF THE MEDICAL OPINION SUBMITTED . . . ON 27 OCTOBER 1982 IT IS CLEAR THAT THAT WAS NOT SO IN ( THE APPLICANT ' S ) CASE ; WHEN HE COMMITTED THE ACTS HE WAS FULLY AWARE OF WHAT HE WAS DOING ;
WHEREAS , IN THE LIGHT OF THE FOREGOING , THE CIRCUMSTANCES REFERRED TO BY THE DISCIPLINARY BOARD DO NOT HAVE THE MITIGATING CHARACTER WHICH THE BOARD ATTRIBUTES TO THEM AND DO NOT DIMINISH THE SERIOUSNESS OF ( THE APPLICANT ' S ) CONDUCT OR LESSEN HIS RESPONSIBILITY ;
WHEREAS IN THOSE CIRCUMSTANCES THE PENALTY RECOMMENDED BY THE DISCIPLINARY BOARD IS INAPPROPRIATE IN RELATION TO THE MISCONDUCT IN QUESTION .