Supreme Court annuls police promotion decision due to breach of natural justice regarding undisclosed information.
Zypern (CY)
Legislator-Zusammenfassung
KI-generiertThe Supreme Court annulled the Minister's decision to promote Miltiades Violaris instead of Loucas Haviaras. Haviaras argued that the Minister's refusal was based on undisclosed information about his past activities, which prevented him from defending himself. The court held that failing to disclose this information before making the decision violated the rules of natural justice, rendering the promotion null and void.
Legislator-Regeste
KI-generiertArticle 146 of the Constitution; Article 146 of the Constitution; The decision to promote a police officer is vitiated by a breach of natural justice if relevant information is withheld from the applicant prior to the decision, thereby depriving them of the opportunity to defend themselves.
Schlagwörter
KI-generiertZitierte Gesetzesbestimmungen
KI-generiertZitierte Rechtsprechung
KI-generiertVerwandte Entscheide
KI-generiertVolltext
[*304] 1982 April 15
(TRIANTAFYLLIDES, P.)
REVISIONAL JURISDICTION
In the matter of Article 146 of the Constitution
Loucas Haviaras,
Applicant,
v.
The Republic of Cyprus, through the Ministry of Interior and Defence,
Respondent,
(Case No. 60/80)
Natural justice
- Rules of - Police Force - Promotions -Applicant not promoted though recommended for promotion and though senior to the interested party "because of information from Central Information Service about unlawful activities of his during the abortive Coup d'etat of July 1974 - Said information never brought to his notice so that he could have an opportunity to defend himself - Said information could not legitimately be taken into account -Breach of rules of natural justice which vitiates sub judice decision - Haviaras v. Republic (1983) 3 C.L.R.-1345 followed.
K. Koushios with
A. Haviaras, for the Applicant.
R. Gavrielides, Senior Counsel of the Republic, for the Respondent.
JUDGMENT
The following judgment was delivered "by:-
TRIANTAFYLLIDES. P.: By means of the present[*305]recourse the applicant seeks a declaration that the decision of the respondent to promote, in February 1980, instead of the applicant, Miltiades Violaris (to be hereinafter referred to as the "interested party") to the post of Chief Superintendent of Police is null and void and of no effect whatsoever.
The reasons for which the applicant was not promoted by the Minister of Interior, though he was recommended for promotion by the Chief of Police and was clearly senior to the interested party were the same for which the applicant was not promoted earlier on, in December 1979, namely that the Minister had reservations about the loyalty of the applicant in view of a report of the Central Information Service (KYII) containing information about unlawful activities of the applicant during the abortive coup d'etat of July 1974. As such information was never brought to the notice of the applicant prior to the sub judice decision of the Minister, so that the applicant could have an opportunity to defend himself, this recourse has to succeed for the same reasons for which the applicant has succeeded in Case No. 35/80, in which judgment was delivered just now today, and, consequently, the promotion of the interested party in the present case has to be annulled.
There will be no order as to the costs of this case.
Sub judice decision annulled.
No order as to costs.