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Document 61983CJ0255

    Sammanfattning av domen

    Keywords
    Summary

    Keywords

    1 . OFFICIALS - DISCIPLINARY RULES - DISCIPLINARY PROCEEDINGS - COMMUNICATION OF THE FILE TO THE PERSON CONCERNED BEFORE THE CASE IS REFERRED TO THE DISCIPLINARY BOARD - OBLIGATIONS OF THE APPOINTING AUTHORITY - LIMITS

    ( STAFF REGULATIONS OF OFFICIALS , TITLE VI )

    2 . OFFICIALS - DISCIPLINARY RULES - DISCIPLINARY PROCEEDINGS - PREPARATORY INQUIRY - FURTHER INQUIRIES - DISCRETION OF THE APPOINTING AUTHORITY AND THE DISCIPLINARY BOARD

    ( STAFF REGULATIONS OF OFFICIALS , TITLE VI AND ANNEX IX , ART . 6 )

    3 . OFFICIALS - DISCIPLINARY RULES - SANCTIONS - DOWNGRADING - DETERMINATION OF STEP - APPOINTING AUTHORITY ' S DISCRETION - ALTERATION IN OFFICIAL ' S STEP - SEPARATE DISCIPLINARY MEASURE - NO

    ( STAFF REGULATIONS OF OFFICIALS , ART . 86 )

    Summary

    1 . THE APPOINTING AUTHORITY IS NOT REQUIRED TO COMMUNICATE THE ENTIRE FILE TO AN OFFICIAL AGAINST WHOM DISCIPLINARY PROCEEDINGS HAVE BEEN INITIATED BEFORE THE CASE HAS BEEN REFERRED TO THE DISCIPLINARY BOARD UNLESS REQUESTED TO DO SO .

    2 . BY VIRTUE OF THE PRINCIPLES GOVERNING DISCIPLINARY PROCEEDINGS AND , WITH REGARD TO THE DISCIPLINARY BOARD , BY VIRTUE OF THE PROVISIONS OF ARTICLE 6 OF ANNEX IX OF THE STAFF REGULATIONS OF OFFICIALS , THE APPOINTING AUTHORITY AND THE DISCIPLINARY BOARD HAVE A DISCRETION AS TO WHETHER CERTAIN FURTHER INQUIRIES NEED BE MADE ( COMMUNICATION OF DOCUMENTS , CALLING OF WITNESSES ) OR WHETHER THE FACTS ARE ALREADY SUFFICIENTLY ESTABLISHED ON THE BASIS OF THE DOCUMENTS IN THEIR POSSESSION . FOR HIS PART , THE OFFICIAL IS ENTITLED TO CALL WITNESSES BEFORE THE DISCIPLINARY BOARD .

    3 . SINCE THERE ARE NO PROVISIONS IN THE STAFF REGULATIONS LAYING DOWN SPECIAL RULES FOR DETERMINING AN OFFICIAL ' S NEW STEP WHEN HE HAS BEEN DOWNGRADED FOR DISCIPLINARY REASONS , THAT DETERMINATION IS AT THE DISCRETION OF THE APPOINTING AUTHORITY AND A REDUCTION IN THE STEP HELD BY THE OFFICIAL CONCERNED IN THE GRADE WHICH HE OCCUPIED BEFORE THE DISCIPLINARY MEASURE WAS IMPOSED IS NOT TO BE REGARDED AS A SEPARATE DISCIPLINARY MEASURE .

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