PAYMENT OF HIS SALARY SHOULD BE TERMINATED WAS TAKEN BY A COMPETENT AUTHORITY . THE FIRST SUBMISSION MUST THEREFORE BE DISMISSED .
23 IN THE SECOND PLACE THE APPLICANT MAINTAINS THAT THE ADMINISTRATION COULD NOT LAWFULLY FIND THAT HIS ABSENCE WAS UNAUTHORIZED SO THAT PAYMENT OF HIS SALARY MIGHT BE TERMINATED . HE ALLEGES THAT HE HAD PRODUCED MEDICAL CERTIFICATES TO THE EFFECT THAT HIS STATE OF HEALTH DID NOT ALLOW HIM TO RETURN TO WORK AND THAT IF THE ADMINISTRATION DOUBTED THEIR VALIDITY IT SHOULD , BEFORE TAKING ANY UNILATERAL DECISION , EITHER HAVE REQUIRED HIM TO UNDERGO A MEDICAL EXAMINATION PURSUANT TO ARTICLE 59 ( 1 ) OF THE STAFF REGULATIONS OR HAVE REFERRED THE MATTER TO THE INVALIDITY COMMITTEE PURSUANT TO ARTICLE 59 ( 3 ).
24 IN THAT RESPECT IT SHOULD BE BORNE IN MIND THAT AFTER TAKING NOTE OF THE OPINION OF MR GEIST ' S OWN DOCTOR GIVEN ON 13 NOVEMBER 1980 AND AFTER EXAMINING HIM PERSONALLY , DR DE GEYTER CONCLUDED ON 15 NOVEMBER 1980 THAT MR GEIST ' S ABSENCE FROM WORK WAS NOT DUE TO MEDICAL REASONS BUT TO THE FACT THAT IT HAD NOT BEEN POSSIBLE TO RESOLVE THE CONFLICT WHICH HAD EXISTED FOR YEARS BETWEEN HIM AND HIS ADMINISTRATION . THERE IS NOTHING IN THE FILE TO INDICATE THAT THAT MEDICAL EXAMINATION WAS NOT PROPERLY CONDUCTED . IT WAS THEREFORE FOR THE DIRECTOR-GENERAL OF THE JOINT RESEARCH CENTRE TO INVITE MR GEIST , AS HE DID BY HIS LETTER OF 5 DECEMBER 1980 , TO RESUME HIS DUTIES AT ISPRA WITHOUT DELAY .
25 IT IS TRUE THAT FOLLOWING THAT WARNING THE APPLICANT ' S OWN DOCTOR WROTE ON 14 DECEMBER 1980 TO THE HEAD OF THE MEDICAL BRANCH AT THE ISPRA CENTRE A LETTER INFORMING HIM THAT UPON HIS ADVICE MR GEIST WOULD NOT BE GOING TO ISPRA BECAUSE HE WAS NOT FIT TO WORK THERE . THAT LETTER WAS THUS CONFINED TO GIVING AN OPINION OF WHICH DR DE GEYTER WAS ALREADY AWARE ; IT CONTAINED NO PRECISE MEDICAL DIAGNOSIS AND DID NOT MENTION ANY NEW FACTOR AFFECTING THE APPLICANT ' S HEALTH SUBSEQUENT TO THE MEDICAL EXAMINATION OF THE PREVIOUS 15 NOVEMBER . THE HEAD OF THE ADMINISTRATION AND PERSONNEL DIVISION AT ISPRA THEREFORE RIGHTLY TOOK THE VIEW THAT THE LETTER COULD NOT JUSTIFY MR GEIST ' S ABSENCE NOR COULD IT NECESSITATE A FRESH MEDICAL EXAMINATION OR A REFERENCE TO THE INVALIDITY COMMITTEE . ALTHOUGH THE APPLICANT RELIES ON THE PRODUCTION OF VARIOUS ADDITIONAL MEDICAL CERTIFICATES DATING FROM OCTOBER 1981 , THEY ARE SUBSEQUENT TO THE CONTESTED DECISION AND IN ANY EVENT DO NOT AFFECT ITS VALIDITY .
26 IN THOSE CIRCUMSTANCES THE SUBMISSIONS AND CONCLUSIONS DIRECTED AGAINST THE DECISION OF 12 JANUARY 1981 TERMINATING THE PAYMENT OF MR GEIST ' S SALARY MUST BE DISMISSED .
27 IN CONSEQUENCE THE CLAIM THAT THE COMMISSION BE ORDERED TO PAY MR GEIST THE REMUNERATION WHICH HE HAS NOT RECEIVED SINCE 1 JANUARY 1981 MUST ALSO BE