MARCH 1971 IN GRADE A 3, UNDER ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS, WHICH ALLOW FOR RECRUITMENT WITHOUT COMPETITION IN EXCEPTIONAL CASES FOR POSTS WHICH REQUIRE SPECIAL QUALIFICATIONS .
3 THE END OF PROBATION REPORT PROVIDED FOR IN ARTICLE 34 OF THE STAFF REGULATIONS SHOULD HAVE BEEN MADE ON 31 JULY 1971 AT THE LATEST UNDER THE PROVISIONS OF ARTICLE 34 AS THEY THEN STOOD .
4 THE REPORT WAS NOT HOWEVER MADE AND COMMUNICATED TO THE APPLICANT UNTIL 4 NOVEMBER .
5 WHILST IT IS TRUE THAT THIS DELAY IN MAKING THE REPORT CONSTITUTES AN IRREGULARITY HAVING REGARD TO THE EXPRESS REQUIREMENTS OF THE STAFF REGULATIONS, THIS IRREGULARITY IS NOT SUCH AS TO CALL IN QUESTION THE VALIDITY OF THE REPORT .
6 THIS COMPLAINT MUST THEREFORE BE REJECTED .
COMPLAINTS AS TO DISMISSAL
7 THE END OF PROBATION REPORT BEING UNFAVOURABLE, THE COMMISSION WAS AUTHORISED TO DISMISS THE APPLICANT UNDER ARTICLE 34 ( 2 ), FIRST PARAGRAPH, OF THE STAFF REGULATIONS .
8 THE APPLICANT MAKES THE POINT THAT THE COMMISSION, IN CASE OF DISMISSAL OF A PROBATIONER AFTER EXPIRY OF THE PROBATIONARY, PERIOD, IS OBLIGED TO TAKE THE DECISION WITHIN A REASONABLE TIME, AND THIS TIME WAS EXCEEDED IN THE PRESENT CASE .
9 WHILST THE COMMISSION IS BOUND TO TAKE ITS DECISION WITHIN A REASONABLE TIME, THIS TIME COULD NOT BEGIN TO RUN UNTIL THE END OF PROBATION REPORT WAS MADE AND COMMUNICATED TO THE PERSON CONCERNED .
10 IN THIS CASE, THE COMMENCING DATE FOR CALCULATING THE TIME BEING 4 NOVEMBER, THE DECISION, TAKEN ON 21 DECEMBER, WAS TAKEN WITHIN REASONABLE LIMITS .
11 THE APPLICANT MOREOVER ALLEGES CERTAIN IRREGULARITIES IN THE PROCEDURE FOLLOWED BY THE COMMISSION IN DECIDING HIS CASE .
12 HE CLAIMS FIRST THAT THE DECISION TO DISMISS HIM IS VITIATED BY MISUSE OF POWERS IN THAT IT WAS MOTIVATED BY THE COMMISSION' S DESIRE TO APPOINT AN OFFICIAL OF ANOTHER NATIONALITY TO THE POST HE HELD .
13 THE APPLICANT HAS NOT HOWEVER EVEN BEGUN TO PROVE THAT THIS WAS SO .
14 THE APPLICANT IN ADDITION MAKES THE POINT THAT THE COMMISSION DID NOT ALLOW HIM SUFFICIENT TIME TO SUBMIT HIS COMMENTS AT THE TIME OF THE LETTER WHEREBY IT MADE KNOWN TO HIM ITS INTENTION TO DISMISS HIM .
15 ON THIS POINT IT IS ESTABLISHED THAT THIS LETTER DATED 7 DECEMBER, INVITING THE APPLICANT TO SUBMIT HIS COMMENTS TO THE COMMISSION BY 15 DECEMBER 1971 AT THE LATEST, DID NOT REACH HIM UNTIL 13 DECEMBER .
16 IT FOLLOWS FROM ARTICLE 34 OF THE STAFF REGULATIONS THAT THE COMMISSION HAS TO COMMUNICATE THE END OF PROBATION REPORT TO THE PROBATIONER CONCERNED SO THAT HE CAN FORMULATE HIS OBSERVATIONS, BUT IT IS NOT BOUND TO GIVE HIM ALSO AN OPPORTUNITY TO STATE HIS VIEWS ON THE INTENTION TO DISMISS HIM AS A RESULT OF THE UNFAVOURABLE NATURE OF THE REPORT, EVEN IF THIS CALLS, AS IN THE PRESENT CASE, NOT FOR AN IMMEDIATE DISMISSAL BUT FOR