Keywords
Summary

Keywords

++++

1 . OFFICIALS - PROMOTION - STATEMENT OF REASONS - OBLIGATION - NONE

( STAFF REGULATIONS, ART . 45 )

2 . OFFICIALS - PROMOTION - DISCRETION OF THE ADMINISTRATION - JUDICIAL REVIEW - LIMITS

( STAFF REGULATIONS, ART . 45 )

3 . OFFICIALS - DUTY OF THE ADMINISTRATION TO HAVE REGARD TO THE INTERESTS OF THE EMPLOYEE - LIMITS - INTERESTS OF THE SERVICE

Summary

1 . THE APPOINTING AUTHORITY IS NOT REQUIRED TO GIVE REASONS FOR A DECISION ON PROMOTION EITHER TO THE OFFICIAL PROMOTED, SINCE HE CANNOT BE ADVERSELY AFFECTED BY THE DECISION, OR TO CANDIDATES WHO HAVE NOT BEEN PROMOTED, SINCE THEY MIGHT BE HARMED BY SUCH A STATEMENT OF REASONS .

2 . THE APPOINTING AUTHORITY HAS WIDE DISCRETION AS REGARDS PROMOTIONS AND THE COURT MUST RESTRICT ITS REVIEW TO CONSIDERATION OF THE QUESTION WHETHER THE APPOINTING AUTHORITY HAS USED ITS POWER IN A MANIFESTLY INCORRECT WAY .

3 . THE REQUIREMENTS OF THE DUTY TO HAVE REGARD TO THE INTERESTS OF THE EMPLOYEE CANNOT PREVENT THE APPOINTING AUTHORITY FROM ADOPTING THE MEASURES IT BELIEVES NECESSARY IN THE INTEREST OF THE SERVICE .