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 .
14 HOWEVER , IT IS UNDISPUTED THAT THE FIRST PROBATION REPORT , RECOMMENDING THE ESTABLISHMENT OF THE APPLICANT , WAS DRAWN UP ON 11 MAY 1979 , THAT THE APPLICANT WENT ON LEAVE ON 21 MAY ( THAT IS TO SAY , AFTER AN INTERVAL OF FIVE WORKING DAYS ), AND THAT THE SECOND PROBATION REPORT IS NOT BASED IN ANY WAY ON THAT PERIOD OF FIVE DAYS . IT CONCERNS SOLELY THE APPLICANT ' S CONDUCT AFTER 28 MAY , THE DATE ON WHICH HE WOULD NORMALLY HAVE HAD TO RETURN TO WORK . THE ESSENCE OF THE COMMISSION ' S COMPLAINT AGAINST THE APPLICANT IN THE REPORT IN QUESTION REDUCES ITSELF IN FACT TO HIS FAILURE TO JUSTIFY HIS ABSENCE ON AND AFTER THE MORNING OF MONDAY , 28 MAY 1979 . IN THE COMMISSION ' S VIEW THE APPLICANT FAILED TO ADHERE IN THAT REGARD TO THE REQUIREMENTS OF GOOD CONDUCT IN THE SERVICE .
15 AS FAR AS CONCERNS THE COMPLAINT THAT THE APPLICANT TOOK SPECIAL LEAVE FOR ELECTIONS , IT IS TO BE OBSERVED THAT THE APPLICANT ' S WRITTEN REQUEST WAS APPROVED BY THE APPROPRIATE AUTHORITY AND THAT THEREFORE THE COMPLAINT IS UNFOUNDED .
16 IT IS ALSO UNDISPUTED THAT THE FIRST MEDICAL CERTIFICATE , WHICH WAS DRAWN UP IN WALES ON 4 JUNE 1979 AND RECOMMENDED TWO WEEKS ' ABSENCE FROM WORK , WAS NOT RECEIVED BY THE COMMISSION ' S MEDICAL BRANCH UNTIL 18 JUNE 1979 . THE CERTIFICATE DATED 15 JUNE , WHICH SUPPORTED THE APPLICANT ' S ABSENCE UNTIL 6 JULY , WAS RECEIVED ON 22 JUNE . THE CERTIFICATE DATED 6 JULY 1979 SUPPORTING THE APPLICANT ' S ABSENCE UNTIL 21 JULY 1979 WAS RECEIVED ON 23 JULY 1979 . IT APPEARS , HOWEVER , THAT THE APPLICANT ' S SUPERIOR OFFICER , IN DRAWING UP THE SECOND PROBATION REPORT , FAILED TO INFORM HIMSELF FULLY AS TO THE REASONS FOR THE ABSENCE OF THE APPLICANT , WHO HAD SENT MEDICAL CERTIFICATES JUSTIFYING HIS ABSENCE . IT IS ALSO APPARENT THAT THE COMMISSION DID NOT , PRIOR TO TAKING A DECISION ON THE SECOND PROBATION REPORT , WHICH RECOMMENDED DISMISSAL , TAKE INTO ACCOUNT , BY WAY OF EXPLANATION , THE SUCCESSIVE MEDICAL REPORTS DECLARING THAT MR TITHER WAS UNFIT FOR WORK .
17 THEREFORE THE SECOND PROBATION REPORT , DATED 6 JULY 1979 , WHICH PROPOSES THAT THE APPLICANT BE DISMISSED WITHOUT GIVING ANY VALID GROUND FOR TAKING SUCH ACTION , MUST BE ANNULLED AND HENCE THE DECISION TO DISMISS THE APPLICANT , DATED 1 AUGUST 1979 , WHICH IS BASED ON THAT REPORT , MUST LIKEWISE BE ANNULLED .
18 IT IS FOR THE COMMISSION TO TAKE THE MEASURES NECESSARY TO CLARIFY THE APPLICANT ' S LEGAL POSITION , THE STAFF REGULATIONS BEING DESIGNED TO ENSURE THAT ON