SEVERE PENALTY :
- THE FALSE DECLARATIONS REVEAL A CONSTANT INTENTION ON THE PART OF M . TO DISREGARD THE HONESTY AND TRUST WHICH SHOULD GOVERN RELATIONS BETWEEN OFFICIALS AND THE PUBLIC SERVICE, AND INDICATE HIS LACK OF INTEGRITY;
- M .' S FAILURE TO FULFIL PRIVATE OBLIGATIONS, WHICH HAVE BEEN THE SUBJECT OF COURT ORDERS, REVEALS HIS MANIFEST CONTEMPT FOR THE JUDICIAL AUTHORITIES OF THE COUNTRY IN WHICH HE IS EMPLOYED AND WHICH PARTICULARLY REFLECTS ON HIS POSITION;
- IN SUCH CIRCUMSTANCES, THE POSSIBILITY OF HIS REDEEMING HIMSELF, REFERRED TO BY THE DISCIPLINARY BOARD, IS THEORETICAL;
- THE ABSENCE OF ANY MITIGATING CIRCUMSTANCES .
IT WAS, MOREOVER, IN CONNECTION WITH THE LAST-MENTIONED GROUND THAT THE APPOINTING AUTHORITY EMPHASIZED, ALSO IN THE CONTESTED DECISION, THAT INSTEAD OF GIVING ANY EXPLANATION WITH REGARD TO THE SUBSTANCE OF THE MATTER, THE APPLICANT TOOK REFUGE BEHIND CLAIMS OF NUMEROUS PROCEDURAL IRREGULARITIES ALLEGEDLY COMMITTED BY THE APPOINTING AUTHORITY AND THE DISCIPLINARY BOARD .
19 IT MUST BE CONCLUDED THAT IN THE CONTESTED DECISION THE APPOINTING AUTHORITY STATED THE REASONS FOR IMPOSING A MORE SEVERE DISCIPLINARY MEASURE IN SUCH A WAY AS TO INFORM THE APPLICANT OF THE ESSENTIAL CONSIDERATIONS WHICH GUIDED THE ADMINISTRATION IN ITS DECISION AND SO AS TO ENABLE THE COURT TO REVIEW THE LEGALITY OF THAT DECISION . IT MUST BE ADDED THAT THE MEMORANDUM OF 4 JUNE 1986 DOES NOT DISCLOSE ANY ADDITIONAL REASONS WHICH INFLUENCED THE DECISION BUT WERE NOT REFERRED TO IN THE STATEMENT OF REASONS SET OUT THEREIN . IT FOLLOWS THAT THE SUBMISSION CONCERNING THE STATEMENT OF REASONS MUST BE REJECTED .
( C ) THE EXISTENCE OF MANIFEST ERRORS
20 THE APPLICANT CLAIMS THAT THE CONTESTED DECISION IS VITIATED BY MANIFEST ERRORS RELATING BOTH TO HIS PRESUMED BAD FAITH AND HIS ALLEGED FRAUDULENT INTENTION . SINCE UNDER NETHERLANDS PROCEDURE, DECISIONS RELATING TO DIVORCE AND TO THE CUSTODY OF THE CHILDREN ARE NOT SERVED PERSONALLY ON THE PARTIES OR AT THEIR ADDRESS, THE DECISIONS IN QUESTION WERE NEVER BROUGHT TO HIS NOTICE . IN ADDITION, HIS EX-WIFE WAS PAID DUTCH FAMILY ALLOWANCES WITHOUT HIS KNOWLEDGE . MOREOVER, SINCE HE WAS ORDERED TO CONTRIBUTE TOWARDS THE MAINTENANCE OF HIS TWO CHILDREN AND ONE OF THEM LIVED WITH HIM FOR A SUBSTANTIAL PART OF THE PERIOD IN QUESTION, HE WAS ENTITLED TO VIRTUALLY THE SAME ALLOWANCES AS WERE PAID BY THE COUNCIL ON THE BASIS OF THE OBJECTIVELY INCORRECT DECLARATIONS, AND HENCE THERE WAS NO FRAUDULENT INTENTION ON HIS PART .
21 WITHOUT ITS BEING NECESSARY FOR THE COURT TO RULE ON THE CREDIBILITY OF THE EXPLANATIONS AS TO THE IGNORANCE OF THE FACTS COMPLAINED OF ON THE PART OF THE APPLICANT - WHO IS HIMSELF A LAWYER BY TRAINING AND WHO WAS REPRESENTED BY A LAWYER BEFORE THE NETHERLANDS COURTS - IT MUST BE EMPHASIZED THAT THE APPLICANT KNEW THAT DIVORCE PROCEEDINGS HAD BEEN STARTED AGAINST HIM AND WAS THEREFORE UNDER A DUTY TO FIND OUT WHAT STAGE THOSE PROCEEDINGS HAD REACHED, BEFORE HE MADE THE DECLARATIONS