Keywords
Summary

Keywords

OFFICIALS - RETIREMENT - DISCRETIONARY POWER OF THE ADMINISTRATION - EXTENT - DECISION NOT TO ASSIGN THE OFFICIAL TO ANOTHER POST - DEFENCE OF THE INTERESTS OF THE SERVANT CONCERNED

( STAFF REGULATIONS OF OFFICIALS , ARTICLE 50 )

Summary

IN THE CASE OF RETIREMENT IN THE INTERESTS OF THE SERVICE , WHICH IS PROVIDED FOR IN RELATION TO OFFICIALS IN GRADES A 1 AND A 2 , THE APPOINTING AUTHORITY ENJOYS WIDE DISCRETIONARY POWERS . SUCH POWERS ASSUME A CONSIDERABLE FREEDOM TO TAKE DECISIONS , AS REGARDS BOTH THE OBJECTIVE REQUIREMENTS OF THE SERVICE AND THE ASSESSMENT OF THE SPECIFIC QUALITIES OF THE OFFICIALS CONCERNED AND AT THE SAME TIME A SCRUPULOUS EXAMINATION OF THE RELEVANT FACTORS - WHICH CONSTITUTES THE GUARANTEE THAT THE SAID POWERS WILL BE EXERCISED IN FULL KNOWLEDGE OF THE FACTS .

A DECISION NOT TO REASSIGN THE OFFICIAL CONCERNED TO ANOTHER POST DOES NOT FOLLOW AUTOMATICALLY FROM THE RETIREMENT DECISION ITSELF BUT MUST BE BASED ON APPROPRIATE CONSIDERATIONS . THE EXERCISE OF DISCRETIONARY POWER , HOWEVER WIDE , REQUIRES THAT AN OFFICIAL CONCERNING WHOM SUCH A DECISION IS CONTEMPLATED SHOULD FIRST HAVE AN OPPORTUNITY OF EFFECTIVELY DEFENDING HIS INTERESTS .