LAW AND INFRINGES ARTICLE 40 ( 4 ) ( B ) IN AS MUCH AS THE COMMISSION WRONGLY TOOK THE VIEW THAT HE HAD DECLINED THE POSTS OFFERED TO HIM , WHEN IN FACT , AFTER HE HAD ACCEPTED THEM , HE MERELY APPLIED IN EACH CASE FOR THE DATE WHEN HE WAS TO TAKE UP HIS DUTIES AGAIN TO BE ADJOURNED , AND THE FACT THAT HE FOUND IT IMPOSSIBLE TO RESUME WORK ON THE DATE FIXED BY THE COMMISSION CANNOT BE ASSIMILATED TO A REFUSAL OF THE POST .
14 THIS SUBMISSION MUST BE REJECTED . THE COURT FILE SHOWS THAT THE COMMISSION FIRST OFFERED THE APPLICANT A POST BY A LETTER DATED 1 OCTOBER 1975 AND ASKED HIM TO FIX A DATE ' ' AS SOON AS POSSIBLE ' ' FOR TAKING UP HIS DUTIES AGAIN . THE APPLICANT SUGGESTED THE MONTH OF JUNE 1976 , THAT IS , A PERIOD OF EIGHT MONTHS , AND THE COMMISSION WAS FULLY JUSTIFIED , HAVING REGARD TO THE EXIGENCIES OF THE SERVICE , IN REFUSING TO AGREE TO A PERIOD WHICH COULD UNDER NO CIRCUMSTANCES BE REGARDED AS REASONABLE AND BONA FIDE . THE COMMISSION FIXED THE DATE OF RESUMPTION OF DUTY AS 1 FEBRUARY 1976 ( FOUR MONTHS ) BUT HE REFUSED TO RESUME WORK ON THAT DATE . ON 16 SEPTEMBER 1976 THE COMMISSION OFFERED HIM A SECOND POST AND FIXED THE DATE FOR STARTING WORK AT 3 NOVEMBER 1976 . THE APPLICANT ACCEPTED THE POST BUT ASKED TO BE ALLOWED TO NEGOTIATE WITH REGARD TO THE DATE OF HIS RETURN . THE COMMISSION , SHOWING GREAT CONSIDERATION , ACCEDED TO THIS REQUEST AND AFTER THE APPLICANT HAD ARRANGED FOR POSTPONEMENT OF A FIRST INTERVIEW HE AGREED TO TAKE UP HIS DUTIES AGAIN ON 1 DECEMBER 1976 . ON 30 NOVEMBER 1976 HE SENT A TELEGRAM STATING THAT ' ' UNFORESEEN CIRCUMSTANCES ' ' PREVENTED HIM FROM LEAVING .
15 WHEN A VACANT POST IN AN ADMINISTRATION IS FILLED REGARD MUST BE HAD TO THE EXIGENCIES OF THE PUBLIC SERVICE RATHER THAN TO THE PERSONAL CONVENIENCE OF OFFICIALS . CONSEQUENTLY IF THE TIME-LIMITS WHICH THE OFFICIAL CONCERNED IS ALLOWED ARE REASONABLE , WHICH THEY CLEARLY WERE IN THIS CASE , HIS REFUSAL OR FAILURE TO TAKE UP A POST ON THE DATE WHICH HAS BEEN FIXED MAY RIGHTLY BE TREATED BY THE COMPETENT AUTHORITY AS A REFUSAL , WHICH IS NOT INCONSISTENT WITH A PURELY FORMAL ACCEPTANCE OF THE POST WHICH IS NOT SUBSEQUENTLY PUT INTO EFFECT .
16 THAT APPLIES ALL THE MORE IN THE APPLICANT ' S CASE , BECAUSE THE FAMILY REASONS RELIED ON A POSTERIORI TO JUSTIFY HIS ATTITUDE , EVEN IF THEY WERE SHOWN TO BE GENUINE , AS IN FACT THEY HAVE NOT BEEN , WERE NOT OF SUCH A KIND AS TO PREVENT HIS TAKING UP THE POST WITHIN THE PRESCRIBED PERIOD .
17 THE COMMISSION HAS THEREFORE PROPERLY APPLIED ARTICLE 40 ( 4 ) ( D ) OF THE