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S.L. const.5 · sl/const.5 (S.L. const.5)

S.L. const.5 Art. 32Power of the Commission to recommend the revocation of appointments.

In KraftAmtlicher Text

(1) Notwithstanding any other provision of these regulations or of any other regulations made under article 121 of the Constitution, the Commission may recommend the revocation of an appointment made under article 110 of the Constitution if -

(a) that appointment was made following the publication of a call for applications, but it was manifestly not in accordance with the principle of merit for reasons other than the reason specified in paragraph (b);

(b) the appointee manifestly did not satisfy the eligibility requirements applying to his appointment, unless he was granted an exemption under regulation 8;

(c) the appointee obtained his appointment on the basis of fraud or misrepresentation;

(d) the appointee is not, or is no longer, permitted by law to carry out the duties of his post, or no longer holds a qualification which constituted an eligibility requirement for the post;

(e) the appointee has become unable to carry out the duties of his post due to physical or mental infirmity, and it is not possible to provide reasonable accommodation to enable him to perform his duties in spite of such infirmities; or

(f) very serious reasons emerge that would have led the Commission to disqualify him from consideration for the post, had he not already been appointed thereto.

(2) The Commission may only recommend the revocation of an appointment in accordance with this regulation after giving notice to the appointee and after giving the appointee the opportunity to submit representations.

(3) An appointment shall not be subject to revocation in accordance with sub-regulation (1)(a) unless the Commission notifies the appointee in accordance with sub-regulation (2) by the end of the probationary period applying to that appointment, or, in the case of an appointment that is not subject to probation, by not later than one year from the effective date thereof.