Keywords
Summary

Keywords

1 . OFFICIALS - POSTING - A 2 AND A 3 POSTS - CONSULTATIVE BODY NOT PROVIDED FOR IN THE STAFF REGULATIONS - FREEDOM OF THE ADMINISTRATION TO DETERMINE ITS COMPOSITION AND RESPONSIBILITIES

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

( STAFF REGULATIONS OF OFFICIALS , ART . 45 )

Summary

1 . DECISIONS ON PROMOTION AND TRANSFER ARE A MATTER FOR THE APPOINTING AUTHORITY ALONE . IF , ON ITS OWN INITIATIVE AND WITHOUT BEING REQUIRED TO DO SO BY THE STAFF REGULATIONS , THE APPOINTING AUTHORITY INVOLVES A CONSULTATIVE COMMITTEE , SUCH AS A COMMITTEE RESPONSIBLE FOR CONSIDERING APPLICATIONS FOR POSTS IN GRADES A 2 AND A 3 , IN THE PREPARATION OF CERTAIN SUCH DECISIONS , IT MAY DETERMINE THE COMPOSITION AND RESPONSIBILITIES OF THAT COMMITTEE AS IT SEES FIT . IN PARTICULAR , IT MAY PROVIDE THAT THE COMMITTEE SHALL INCLUDE REPRESEN TATIVES OF THE ADMINISTRATION AND NOT REPRESENTATIVES OF THE STAFF .

2 . IN EVALUATING THE INTERESTS OF THE SERVICE AND THE MERITS TO BE TAKEN INTO ACCOUNT IN CONNECTION WITH A PROMOTION DECISION UNDER ARTICLE 45 OF THE STAFF REGULATIONS THE APPOINTING AUTHORITY HAS WIDE DISCRETION , AND IN THAT RESPECT THE COURT ' S REVIEW MUST BE CONFINED TO THE QUESTION WHETHER , HAVING REGARD TO THE VARIOUS CONSIDERATIONS WHICH HAVE INFLUENCED THE ADMINISTRATION IN MAKING ITS ASSESSMENT , IT HAS REMAINED WITHIN REASONABLE BOUNDS AND HAS NOT USED ITS AUTHORITY IN A MANIFESTLY INCORRECT MANNER . IT IS FOR THE INSTITUTION ALONE , IN THE EXERCISE OF ITS DISCRETION , TO JUDGE WHETHER THE HEALTH OF THE SUCCESSFUL CANDIDATE ALLOWS HIM TO CARRY OUT HIS DUTIES PROPERLY .