' S HEAD OF DIVISION PREPARED A SECOND PROBATION REPORT WHICH STATED THAT MR TITHER ' S CONDUCT WAS UNSATISFACTORY IN THREE RESPECTS : SENSE OF RESPONSIBILITY , RELATIONS INSIDE THE DEPARTMENT AND PUNCTUALITY . IN THE GENERAL OBSERVATIONS , THE MAIN EMPHASIS WAS ON THE FACT THAT THE APPLICANT HAD ASKED FOR THREE DAYS ' SPECIAL LEAVE TO VOTE IN LOCAL ELECTIONS IN WALES WHEREAS HIS ENTITLEMENT TO SUCH LEAVE WAS DOUBTFUL , AND ON THE APPLICANT ' S FAILURE TO JUSTIFY HIS ABSENCE FROM 28 MAY 1979 . THE REPORT CONCLUDED WITH A RECOMMENDATION THAT THE APPLICANT BE DISMISSED . ACCORDING TO THE APPLICANT THE REPORT REACHED HIM ON 17 JULY ; A TELEGRAM WHICH HE RECEIVED ON 20 JULY INFORMED HIM THAT HE HAD UNTIL 31 JULY TO SUBMIT HIS OBSERVATIONS TO THE COMMISSION .
7 ON 1 AUGUST 1979 THE COMMISSION DECIDED TO DISMISS THE APPLICANT WITH EFFECT FROM 1 SEPTEMBER 1979 . BY LETTER DATED 9 OCTOBER 1979 THE APPLICANT SUBMITTED A COMPLAINT UNDER ARTICLE 90 ( 2 ) OF THE STAFF REGULATIONS CHALLENGING THE DRAWING UP AND CONTENT OF THE SECOND PROBATION REPORT , AND THE DECISION TO DISMISS HIM .
8 BY A LETTER OF 11 OCTOBER 1979 THE APPLICANT APPLIED FOR PAYMENT OF THE COMPENSATION PROVIDED FOR IN ARTICLE 34 OF THE STAFF REGULATIONS . THAT COMPENSATION , WHICH AMOUNT TO UKL 2 420.43 , WAS SENT TO HIM BY POST ON 23 NOVEMBER 1979 .
9 THE APPLICANT SEEKS : ( A ) THE ANNULMENT OF THE SECOND REPORT ON THE EXPIRY OF THE PROBATIONARY PERIOD DATED 6 JULY 1979 ; ( B ) THE ANNULMENT OF THE DECISION TO DISMISS HIM TAKEN ON 1 AUGUST 1979 ; ( C ) THE ANNULMENT OF THE DECISION REJECTING HIS COMPLAINT OF 9 OCTOBER 1979 ; ( D ) PAYMENT OF COMPENSATION TO COVER LOSS OF SALARY , THE EXPENSES INCURRED AS A RESULT OF HIS DISMISSAL AND NON-MATERIAL DAMAGE ESTIMATED AT BFR 300 000 OR , IN THE ALTERNATIVE , TO COVER THE EXPENSE INCURRED AS A RESULT OF THE FORFEITURE OF A LEASE IN BRUSSELS , EXPENSES INCURRED IN SEEKING ALTERNATIVE EMPLOYMENT AND NON-MATERIAL DAMAGE ESTIMATED AT BFR 500 000 IN RESPECT OF THE PRESENT AND CONTINUING REDUCTION IN THE APPLICANT ' S EARNING CAPACITY .
10 THE APPLICATION IS BASED FIRST ON THE INFRINGEMENT OF ARTICLE 34 ( 2 ) OF THE STAFF REGULATIONS OWING TO THE ABSENCE OF ANY JUSTIFICATION FOR THE DRAWING UP OF A SECOND REPORT , A FORTIORI WHEN THAT REPORT WAS NOT MADE WITHIN THE PERIOD PRESCRIBED BY THAT PROVISION , THAT IS TO SAY , ONE MONTH PRIOR TO THE EXPIRY OF THE PROBATIONARY PERIOD OR OF ANY EXTENSION THEREOF . A SECOND SUBMISSION RELATES TO THE PRESENCE OF IRREGULARITIES IN THE PREPARATION OF THE SECOND REPORT INASMUCH AS IT CONTAINS ASSERTIONS CALLING THE APPLICANT ' S CONDUCT IN QUESTION WITHOUT SHOWING EVIDENCE IN SUPPORT OF SUCH CONCLUSIONS . MR TITHER CLAIMS IN THIS