Abuse of power (927,-666)

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Keywords: Abuse of power
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• Judgment 13

  
  4th Session, 1954
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The discretionary power of the Director-General in this matter cannot be exercised for reasons not clearly specified [...] He cannot invoke one reason for exercising his powers when in reality his action is based on another reason since this would constitute misuse of power likely to lead to rescission of the decision."

  Keywords:

  abuse of power; discretion; grounds; misuse of authority; probationary period; termination of employment;
  

  On the substance

  Extract:

  The organization refused to disclose a document which directly concerned the complainant. "In consequence, it is the duty of the Tribunal to consider as established the fact that the decision [to dismiss the complainant] is not really based on the grounds of unsatisfactory service but on personal considerations extraneous to such grounds [...]. It therefore constitutes an act of misuse of power and must be rescinded."

  Keywords:

  abuse of power; bias; disclosure of evidence; grounds; misuse of authority; organisation; presumption; probationary period; refusal; termination of employment;
  

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