TO COMPLY WITH ITS DUTY TO ASSIST ITS OFFICIALS AND TO OBSERVE THE PRINCIPLE OF GOOD ADMINISTRATION .
FAILURE TO MEET THE TIME-LIMIT IMPOSED BY ARTICLE 34 OF THE STAFF REGULATIONS
5 IN THE WORDS OF ARTICLE 34 ( 2 ) OF THE STAFF REGULATIONS OF OFFICIALS : ' ' NOT LESS THAN ONE MONTH BEFORE THE EXPIRY OF THE PROBATIONARY PERIOD , A REPORT SHALL BE MADE ON THE ABILITY OF THE PROBATIONER TO PERFORM THE DUTIES PERTAINING TO HIS POST AND ALSO ON HIS EFFICIENCY AND CONDUCT IN THE SERVICE . THIS REPORT SHALL BE COMMUNICATED TO THE PERSON CONCERNED , WHO SHALL HAVE THE RIGHT TO SUBMIT HIS COMMENTS IN WRITING . ' '
6 THE APPLICANT CLAIMS IN THIS RESPECT THAT THE TIME-LIMIT OF ONE MONTH FIXED BY THE ABOVE PROVISION WAS NOT MET IN VIEW OF THE FACT THAT THE REPORT ON HIS PROBATIONARY PERIOD WAS DRAWN UP ON 19 JUNE 1980 , THAT HE RECEIVED IT ON 22 JUNE AND RETURNED IT WITH HIS OBSERVATIONS ON 27 JUNE AND THAT THE DECISION TO DISMISS HIM WAS ADOPTED ON 1 JULY WITH EFFECT AS FROM THAT DATE . IN VIEW OF THE SHORTNESS OF THE TIME AVAILABLE THE APPLICANT DID NOT HAVE SUFFICIENT TIME TO PRESENT HIS OBSERVATIONS AND THE APPOINTING AUTHORITY DID NOT HAVE THE NECESSARY TIME TO APPRAISE THE ASSESSMENTS CONTAINED IN THE REPORT OR THE REMARKS ACCOMPANYING IT IN ORDER THAT ITS DECISION ON THE TERMINATION OF THE PROBATIONARY PERIOD MIGHT BE ADOPTED WITH FULL KNOWLEDGE OF THE FACTS . THE DECISION TO DISMISS HIM , ARRIVED AT IN THESE CIRCUMSTANCES , MUST , ACCORDING TO THE APPLICANT , BE REGARDED AS UNLAWFUL .
7 THE COMMISSION JUSTIFIES THE FACT THAT THE TIME-LIMITS WERE NOT MET BY ITS DESIRE TO HAVE CONSIDERATION FOR THE APPLICANT ' S INTERESTS . IN FACT HIS SUPERIORS WISHED TO ALLOW HIM THE OPPORTUNITY TO CONCLUDE A PAPER AND TO SEEK A DIFFERENT POST WITH THE COMMISSION BEFORE THE END OF HIS PROBATIONARY PERIOD , AS HE HAD BEEN ADVISED TO DO .
8 AS THE COURT HAS RECOGNIZED , A DELAY IN THE DRAWING UP OF THE PROBATION REPORT CONSTITUTES AN IRREGULARITY IN VIEW OF THE EXPRESS REQUIREMENTS OF THE STAFF REGULATIONS WHICH , REGRETTABLE AS IT MAY BE , IS STILL NOT OF SUCH A NATURE AS TO CALL IN QUESTION THE VALIDITY OF THE REPORT . THE OBJECTIVE OF ARTICLE 34 OF THE STAFF REGULATIONS IS TO GUARANTEE TO THE PERSON CONCERNED THE RIGHT TO SUBMIT ANY OBSERVATIONS TO THE APPOINTING AUTHORITY AND ALSO TO ENSURE THAT SUCH OBSERVATIONS SHALL BE TAKEN INTO CONSIDERATION BY THE APPOINTING AUTHORITY .
9 IT APPEARS FROM THE FILE THAT THE TIME WHICH ELAPSED BETWEEN THE DRAWING UP OF THE REPORT AND THE DECISION TO DISMISS THE APPLICANT WAS IN THIS CASE SUFFICIENT FOR THE APPLICANT TO BE ABLE TO MAKE HIS OBSERVATIONS AFTER THE REPORT WAS COMMUNICATED TO HIM AND ALSO FOR THE APPOINTING AUTHORITY TO BE