Keywords
Summary

Keywords

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1 . OFFICIALS - DISCIPLINARY MEASURES - STATEMENT OF REASONS FOR - CANNOT BE SUPPLEMENTED BY ORAL COMMUNICATION OF THE GROUNDS OF COMPLAINT ALLEGED AGAINST THE OFFICIAL CONCERNED - INADEQUACY OF STATEMENT OF REASONS NOT JUSTIFIED BY CONCERN TO PROTECT THE REPUTATION OF THE OFFICIAL CONCERNED

( EAEC STAFF REGULATIONS, ARTICLES 25, 86 AND 88 )

2 . OFFICIALS - TRANSFER - DISCRETIONARY POWERS OF THE ADMINISTRATION - TRANSFER OTHERWISE THAN IN THE INTERESTS OF THE SERVICE MAY CONSTITUTE MISUSE OF POWERS

( EAEC STAFF REGULATIONS, ARTICLES 25 AND 29 )

3 . MISUSE OF POWERS - PROOF

Summary

1 . FOR DISCIPLINARY MEASURES THE GROUNDS OF COMPLAINT BASED ON THE CONDUCT OF THE OFFICIAL CONCERNED MUST BE INDICATED, AT LEAST IN BRIEF, TO ENABLE THE COURT TO EXERCISE ITS POWER OF REVIEW, IN PARTICULAR WITH REGARD TO THE SERIOUSNESS OF THE OFFENCE .

ORAL COMMUNICATION TO THE OFFICIAL CONCERNED OF THE COMPLAINTS ALLEGED AGAINST HIM CANNOT BE DEEMED TO SUPPLEMENT THE STATEMENT OF REASONS FOR A DISCIPLINARY MEASURE SINCE THE COURT CANNOT TAKE IT INTO ACCOUNT IN ASSESSING THE CONSIDERATIONS BY WHICH THE ADMINISTRATION WAS GUIDED IN ITS ACTIONS .

ANY CONCERN ON THE PART OF THE ADMINISTRATION TO SAFEGUARD THE REPUTATION OF AN OFFICIAL WHO HAS BEEN SUBJECTED TO A DISCIPLINARY MEASURE CANNOT BE INVOKED TO JUSTIFY THE INADEQUACY OF THE STATEMENT OF REASONS THEREOF, SINCE THE MEASURE MUST REMAIN CONFIDENTIAL .

2 . TRANSFER OF AN OFFICIAL IN THE INTERESTS OF THE SERVICE CANNOT CONSTITUTE AN ACT ADVERSELY AFFECTING HIM AND FALLS WITHIN THE DISCRETIONARY POWERS OF THE ADMINISTRATION, WHICH MAY ARRANGE ITS DEPARTMENTS AND MOVE ITS STAFF AS REQUIRED FOR THE PERFORMANCE OF THE TASKS ASSIGNED TO IT . HOWEVER, A TRANSFER MAY AMOUNT TO A MISUSE OF POWERS IF IT APPEARS, ON THE BASIS OF OBJECTIVE, RELEVANT AND CONSISTENT FACTS, TO HAVE BEEN UNDERTAKEN FOR PURPOSES OTHER THAN THOSE STATED .

3 . MISUSE OF POWERS MUST BE PROVED ON THE BASIS OF OBJECTIVE, RELEVANT AND CONSISTENT SOURCES OF INFORMATION .