Keywords
Summary

Keywords

OFFICIALS - RECRUITMENT - PROBATIONARY PERIOD - DISMISSAL - PROCEDURE - ADVERSARY NATURE - DECISION TO DISMISS - GROUNDS BASED UPON UNFAVOURABLE OBSERVATIONS NOT PREVIOUSLY COMMUNICATED TO THE OFFICIAL CONCERNED - ILLEGALITY

( STAFF REGULATIONS , ART . 34 ( 2 ))

Summary

A DECISION BY THE APPOINTING AUTHORITY TO DISMISS A PROBATIONARY OFFICIAL AT THE END OF THE PROBATIONARY PERIOD ON THE BASIS OF OBSERVATIONS SUPPLIED BY VARIOUS OFFICIALS FOR THE PURPOSE OF SUPPLEMENTING THE PROBATION REPORT , WHICH , ALTHOUGH REFLECTING UNFAVOURABLY ON THE OFFICIAL CONCERNED , WERE NOT PREVIOUSLY COMMUNICATED TO HIM , CONSTITUTES A FAILURE TO OBSERVE THE ADVERSARY PROCEDURE LAID DOWN IN ARTICLE 34 ( 2 ) OF THE STAFF REGULATIONS . SUCH A DECISION MUST BE ANNULLED BECAUSE THE GROUNDS UPON WHICH IT IS BASED WERE ESTABLISHED BY A PROCEDURE WHICH WAS NOT OF AN ADVERSARY NATURE , SINCE THE PROBATIONARY OFFICIAL WAS PRECLUDED FROM GIVING HIS COMMENTS ON ALL THE COMPLAINTS MADE AGAINST HIM WHICH LED TO THE DECISION TO DISMISS HIM .