Keywords
Summary

Keywords

1 . PROCEDURE - PERIOD PRESCRIBED FOR BRINGING ACTIONS - MANDATORY REQUIREMENT - COURT TO CONSIDER OF ITS OWN MOTION

2 . OFFICIALS - PROCEEDINGS - PERIODS PRESCRIBED - DATE WHEN PERIOD BEGINS TO RUN - NOTIFICATION OF DECISION ADOPTED IN REPLY TO COMPLAINT - ONUS OF PROOF OF NOTIFICATION

( STAFF REGULATIONS OF OFFICIALS , ART . 91 ( 3 ))

3 . OFFICIALS - PROCEEDINGS - PREPARATORY ACTS - DECISIONS RECORDING REFUSAL OF POSTS OFFERED AT END OF LEAVE ON PERSONAL GROUNDS - ILLEGALITY RELIED ON IN CONNEXION WITH APPLICATION DIRECTED AGAINST DECISION RELATING TO COMPULSORY RESIGNATION

( STAFF REGULATIONS OF OFFICIALS , ARTS 40 ( 4 ) ( D ) AND 91 )

4 . OFFICIALS - LEAVE ON PERSONAL GROUNDS - REINSTATEMENT - ADMINISTRATION ' S OFFER OF EMPLOYMENT SUBJECT TO REASONABLE TIME-LIMIT FOR TAKING UP DUTY - REFUSAL OF POST OFFERED - CRITERIA

( STAFF REGULATIONS OF OFFICIALS , ART . 40 ( 4 ) ( D ))

Summary

1 . SINCE OBSERVANCE OF THE PERIODS PRESCRIBED FOR BRINGING ACTIONS IS A MANDATORY REQUIREMENT IT IS FOR THE COURT TO ASCERTAIN , EVEN OF ITS OWN MOTION , WHETHER IT HAS BEEN COMPLIED WITH .

2 . THE ONUS OF PROVING NOTIFICATION OF A DECISION ADOPTED IN REPLY TO A COMPLAINT WITHIN THE MEANING OF THE FIRST INDENT OF ARTICLE 91 ( 3 ) OF THE STAFF REGULATIONS OF OFFICIALS AND OF THE DATE OF SUCH NOTIFICATION LIES ON THE DEFENDANT INSTITUTION .

3 . IT FOLLOWS FROM ARTICLE 40 ( 4 ) ( D ) OF THE STAFF REGULATIONS THAT DECISIONS RECORDING THE SUCCESSIVE REFUSALS OF AN OFFICIAL TO ACCEPT THE POSTS OFFERED TO HIM AT THE END OF HIS LEAVE ON PERSONAL GROUNDS ARE ONLY DECISIONS PREPARATORY TO THE DECISION REQUIRING THE APPLICANT TO RESIGN , SO THAT THE POSSIBILITY THAT THEY MAY BE ILLEGAL MAY BE RELIED ON IN AN ACTION BROUGHT AGAINST SUCH RESIGNATION .

4 . 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 WHEN THE COMPETENT AUTHORITY , IN PURSUANCE OF ARTICLE 40 ( 4 ) ( D ) OF THE STAFF REGULATIONS , OFFERS A POST TO AN OFFICIAL , ALLOWING HIM A REASONABLE TIME WITHIN WHICH TO TAKE UP DUTY , HIS REFUSAL OR FAILURE TO TAKE THE POST UP ON THE DATE WHICH HAS BEEN FIXED MAY BE TREATED AS A REFUSAL , WHICH IS NOT INCONSISTENT WITH A PURELY FORMAL ACCEPTANCE OF THE POST WHICH IS NOT SUBSEQUENTLY PUT INTO EFFECT .