ENABLED TO ASSESS THE POSITION , AS IT WAS BOUND TO DO . IT SHOULD ALSO BE NOTED THAT THE OPINION OF THE APPLICANT ' S SUPERIOR , WHICH GAVE AN ASSESSMENT WHICH WAS SUBSTANTIALLY IDENTICAL TO THAT EXPRESSED IN THE PROBATION REPORT , HAD BEEN COMMUNICATED TO HIM BY A MEMORANDUM OF 20 MAY AND THAT THE APPLICANT HAD REPLIED BY LETTER OF 9 JUNE 1980 .
10 IT APPEARS FROM THE FOREGOING THAT THE APPLICANT ' S SUBMISSION RELATING TO THE INFRINGEMENT OF ARTICLE 34 OF THE STAFF REGULATIONS CANNOT BE ACCEPTED AND THAT CONSEQUENTLY IT MUST BE DISMISSED .
ERRORS IN THE STATEMENT OF THE GROUNDS ON WHICH THE DECISION TO DISMISS THE APPLICANT WAS BASED
11 THE APPLICANT MAINTAINS THAT THE PROBATION REPORT WHICH CONSTITUTES THE ESSENTIAL BASIS FOR THE CONTESTED DECISION CONTAINS INACCURATE AND OVER-RIGID ASSESSMENTS AND THAT IT IS NOT OBJECTIVE INASMUCH AS IT IS BASED ON DISPUTED ASPECTS OF HIS WORK AND DOES NOT MENTION ANY POSITIVE FACETS OF THE PROGRESS OF HIS PROBATIONARY PERIOD . HE ALSO CLAIMS THAT HE WORKED DURING HIS PROBATIONARY PERIOD WITHOUT PRECISE DIRECTIONS FROM HIS SUPERIORS AND THAT THE PROBATION REPORT DOES NOT MENTION ALL HIS ACTIVITIES DURING THE PERIOD IN QUESTION .
12 THE DEFENDANT REJECTS THAT LINE OF ARGUMENT EXPLAINING THAT THE INTELLECTUAL QUALITIES AND THE SCIENTIFIC QUALIFICATIONS OF THE APPLICANT ARE NOT DISPUTED . HOWEVER , THE APPLICANT DOES NOT HAVE THE QUALITIES REQUIRED FOR THE CAREER OF AN OFFICIAL IN AN INTERNATIONAL ADMINISTRATION FACING SPECIFIC PROBLEMS . THE DEFENDANT CLAIMS THAT THE APPLICANT TREATED THE SUBJECTS ENTRUSTED TO HIM IN TOO THEORETICAL A MANNER WHICH WAS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE DAILY FUNCTIONING OF THE SERVICE AND OUTSIDE THE FRAMEWORK IN WHICH HE WAS EXPECTED TO CARRY OUT HIS WORK .
13 IN ADDITION THE APPLICANT IS CHARGED WITH NOT HAVING UTILIZED THE APPROPRIATE OFFICIAL CHANNELS FOR COMMUNICATION BY MAKING CONTACT WITH OTHER BRANCHES OF THE COMMISSION WITHOUT THE PERMISSION OF HIS SUPERIOR AND WITHOUT PASSING COMMUNICATIONS THROUGH HIM .
14 IT MUST BE STATED THAT THE APPLICANT ADDUCES NO EVIDENCE IN SUPPORT OF HIS ALLEGATIONS THAT HE WAS OBLIGED TO WORK WITHOUT DIRECTIONS AND THAT THE REPORT IS INACCURATE BECAUSE IT DOES NOT MENTION ALL HIS ACTIVITIES DURING THE PERIOD IN QUESTION . IT SHOULD BE NOTED MOREOVER THAT THE PROBATION REPORT ITSELF MUST DESCRIBE ONLY THE MAIN ACTIVITIES OF THE PERSON CONCERNED DURING THE PROBATIONARY PERIOD . THAT DESCRIPTION MUST BE SUFFICIENTLY PRECISE TO PERMIT THE APPOINTING AUTHORITY TO ADOPT ITS DECISION AND TO STATE THE REASONS ON WHICH IT IS BASED .
15 NOR IS IT POSSIBLE TO CONFIRM THAT THE REPORT SHOWS A LACK OF OBJECTIVITY AS IT IS CLEAR FROM A PERUSAL OF THE REPORT THAT THE APPLICANT ' S ABILITY WAS JUDGED TO BE GOOD AND EVEN VERY GOOD IN CERTAIN RESPECTS .
16 WITH REGARD TO THE APPLICANT ' S ALLEGATIONS AS TO THE SUBSTANCE OF THE ASSESSMENTS MADE OF HIM IN THE