BEEN LAID DOWN, IT MUST BE ASSUMED THAT A SIMPLE MAJORITY SUFFICED .
THE TEXT OF THE UNFAVOURABLE OPINION ISSUED BY THE ESTABLISHMENT BOARD WITH REGARD TO THE APPLICANT ON 19 FEBRUARY 1963 REVEALS THAT SUCH SIMPLE MAJORITY WAS OBTAINED .
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THIS SUBMISSION IS ACCORDINGLY UNFOUNDED .
THE THIRD, FIFTH AND SEVENTH SUBMISSIONS
THE APPLICANT CLAIMS THAT HE WAS INADEQUATELY INFORMED OF THE STATEMENTS MADE BY HIS SUPERIORS AND THAT THE SUBMISSION OF EXAMPLES OF HIS WORK AS EVIDENCE OF HIS ABILITIES MET WITH A REFUSAL BY THE ESTABLISHMENT BOARD TO CONSIDER THEM .
THE MINUTES OF THE ESTABLISHMENT BOARD, PARTICULARLY THOSE OF THE MEETINGS HELD ON 30 AND 31 JANUARY 1963, SHOW THAT THE STATEMENTS MADE TO THE BOARD BY HIS SUPERIORS WERE COMMUNICATED TO THE APPLICANT . THE CONFLICTING STATEMENTS OF THE PARTIES AS TO WHETHER THE ESTABLISHMENT BOARD REFUSED TO EXAMINE THE EXAMPLES OF HIS WORK PRODUCED BY THE APPLICANT DO NOT REQUIRE THE COURT'S CONSIDERATION; IT IS SUFFICIENT TO STATE THAT THESE SAMPLES HAVE NO EVIDENTIAL VALUE . THERE IS NO EVIDENCE WHICH ENABLES THE COURT TO DETERMINE WITH CERTAINTY THE ROLE PLAYED BY THE APPLICANT IN DRAFTING THESE DOCUMENTS, THE MAJORITY OF WHICH WERE PUBLISHED IN THE NAME OF HIS SUPERIORS .
THE OTHER ARGUMENTS ADDUCED BY THE APPLICANT IN SUPPORT OF THIS SUBMISSION ARE NOT SUFFICIENTLY PROVEN . THIS SUBMISSION IS ACCORDINGLY UNFOUNDED .
THE APPLICANT NEXT CLAIMS THAT THE REASONS GIVEN FOR THE UNFAVOURABLE OPINION ARE INCONSISTENT WITH THE FACTS IN THE CASE AND THAT THEIR BASIS IS FACTUALLY INACCURATE OR REPRESENTS INACCURATE EVALUATIONS OF FACT . HE SEES A CONFLICT BETWEEN, ON THE ONE HAND, THE FAVOURABLE ASSESSMENT IN HIS PROBATION REPORT ( 17 MAY 1960 ), THE PROMOTION TO GRADE A4 WITH EFFECT FROM 1 MAY 1960 AND THE ADVANCEMENT IN STEP ( 1 NOVEMBER 1961 ); AND, ON THE OTHER HAND, THE UNFAVOURABLE DECISION ISSUED A FEW MONTHS LATER ON THE BASIS OF THE INTEGRATION REPORT ( 11 APRIL 1962 ), THE STATEMENTS OF HIS SUPERIORS ( OCTOBER 1962 ) AND THE OPINION OF THE ESTABLISHMENT BOARD .
DURING THE PERIOD PRIOR TO THE ENTRY INTO FORCE OF THE STAFF REGULATIONS, THE DEFENDANT APPLIED WITH REGARD TO ITS STAFF THE 1956 ECSC STAFF REGULATIONS, ARTICLE 38 OF WHICH PROVIDES THAT ADVANCEMENT IN STEP IS AUTOMATIC . THERE REMAIN THUS IN THE APPLICANT'S FAVOUR ONLY THE PROBATION REPORT AND THE PROMOTION ( MAY 1960 ) PRECEDING BY ALMOST TWO YEARS THE INTEGRATION REPORT ( 11 APRIL 1962 ), THE FIRST UNFAVOURABLE ELEMENT TO APPEAR .
ALTHOUGH ACCORDING TO THE STATEMENT OF REASONS GIVEN BY THE ESTABLISHMENT BOARD FOR ITS OPINION ' CERTAIN DEFICIENCIES IN THE ABILITIES ( OF THE APPLICANT)...RESULTED IN HIS BEING GIVEN DUTIES TO PERFORM OF A LEVEL LOWER THAN THE REQUIREMENTS OF THE SERVICE, THERE IS NOTHING TO EXPLAIN HOW THE ESTABLISHMENT BOARD CAME TO THIS CONCLUSION . NOR IS THERE ANYTHING IN THE FILE WHICH ENABLES THE COURT TO JUDGE WHETHER THIS GROUND IS JUSTIFIED BY