Keywords
Summary

Keywords

++++

1 . OFFICIALS - APPLICATION TO THE COURT - PURPOSE - AMENDMENT OF A DECISION IMPOSING A DISCIPLINARY MEASURE - NOT ADMISSIBLE

( STAFF REGULATIONS, ARTS 90 AND 91 )

2 . OFFICIALS - DISCIPLINARY MEASURES - PROCEDURE BEFORE THE DISCIPLINARY BOARD - TIME-LIMITS LAID DOWN IN ARTICLE 7 OF ANNEX IX - NON-OBSERVANCE - TIME-LIMITS NOT MANDATORY

( STAFF REGULATIONS, ANNEX IX, ART . 7 )

3 . OFFICIALS - DISCIPLINARY MEASURES - PENALTY - JUSTIFICATION - LACK OF INTEGRITY AND HONESTY VIS-A-VIS THE ADMINISTRATION - DELIBERATE FAILURE TO COMPLY WITH JUDICIAL DECISIONS - AGGRAVATING CIRCUMSTANCE

Summary

1 . AS ONCE THE TRUTH OF THE ALLEGATIONS AGAINST THE OFFICIAL HAS BEEN ESTABLISHED IT IS FOR THE APPOINTING AUTHORITY TO CHOOSE THE APPROPRIATE PENALTY, AN APPLICATION BROUGHT BEFORE THE COURT BY THE OFFICIAL ON WHOM THE PENALTY HAS BEEN IMPOSED MUST BE DISMISSED AS INADMISSIBLE IN SO FAR AS IT SEEKS THE AMENDMENT OF THE DECISION IMPOSING THE PENALTY .

2 . THE TIME-LIMITS LAID DOWN IN ARTICLE 7 OF ANNEX IX TO THE STAFF REGULATIONS, AND IN PARTICULAR THE PERIOD WITHIN WHICH THE DISCIPLINARY BOARD MUST DELIVER ITS OPINION, ARE NOT MANDATORY BUT CONSTITUTE RULES OF SOUND ADMINISTRATION; FAILURE TO OBSERVE THOSE TIME-LIMITS MAY RENDER THE INSTITUTION LIABLE FOR ANY DAMAGE CAUSED TO THOSE CONCERNED BUT CANNOT AFFECT THE VALIDITY OF THE DECISION IMPOSING A DISCIPLINARY MEASURE .

3 . ALTHOUGH FACTORS APPERTAINING TO AN OFFICIAL' S PRIVATE LIFE CANNOT AS A GENERAL RULE JUSTIFY THE IMPOSITION OF DISCIPLINARY MEASURES, A DELIBERATE FAILURE TO COMPLY WITH SEVERAL COURT DECISIONS MAY REFLECT ON HIS POSITION AS AN OFFICIAL AND MAY THEREFORE BE REGARDED AS A FACTOR AGGRAVATING OTHER CONDUCT COMPLAINED OF INCOMPATIBLE WITH THE INTEGRITY AND HONESTY WHICH EACH OFFICIAL IS REQUIRED TO SHOW VIS-A-VIS THE ADMINISTRATION .