Provisional order to arrest public officer transfer dismissed as new material adds nothing to previous ruling.

[*964] 1966 July 19

(vassiliades, j.)

REVISIONAL JURISDICTION

In the matter of Articles 21 , 1

25 and 146 of the

Constitution

Iordanis G. Iordanou,

Applicant,

v.

The Republic of Cyprus, through

The Public Service Commission,

Respondent.

(Case No.151/66).

Public Officers - Transfers - Interruptions of transfers by provisional orders - Application for a provisional order to arrest Applicant's transfer based on new material - New material making no difference to the position - Costs.

L. Clerides, far Applicant.

M. Spanos, Counsel of the Republic, far Respondent.

XX XX XX

COURT: The matter before me presents, in my opinion, no difficulty; it is fully covered both on principle and practice, by the Judgment in the previous application for a provisional order to stop this transfer. It is sufficient for me toread the following paragraphs from the Judgment of Triantafyllides, J. in that application delivered not more than 19 days earlier, that is on 1st July, 1966.*

"I have carefully weighed whatever has been urged on. behalf of the applicant in support of his application for a, provisional order but I have not been convinced that, if the transfer of applicant to Omodhos is not postponed until the final determination of this recourse, he will suffer irreparable damage which cannot be compensated for eventually, under the provisions of Article 146(6) in case applicant succeeds, in the end, in this recourse".

When I say today that "I have carefully weighed whatever has been urged on behalf of the Applicant in support of his application", I have in mind what has been urged on his behalf this morning as well as the contents of the decision of the Council of Ministers which was put in by consent as Exhibit

1. This new material, in my opinion, makes no difference to the position, I go on now with the second part of the extract from the Judgment of the 1st July, which I consider just as important,

"On

the other hand it does appear that this is a case where if the Applicant's transfer is postponed, as applied for, it will cause

obstacles to the proper functioning of the Administration, I am of the view, on the material at present before me, that though no doubt the taking of effect of the transfer of Applicant will involve some inconvenience for him and his family - as any [*966] transfer invariably does, more or less - this is a case where his personal interest has to be subjected to the general public interest".

What I have to add is that, in my opinion, it is of paramount importance for the functioning of the public service that such interruptions of transfers by provisional orders should not only be subjected to the strict application of the principles enunciated in the case of Cleanthis Georghiades and The Republic,(-1965) 6 J.S.C. p. 769), but should also be looked upon with proper regard to the disruption of good administration when public officers find it easy to arrest their transfers by means of such provisional orders.

The transfer of a public officer is, presumably, the result of due consideration by the responsible authorities in the Service; and I think that this Court should carefully avoid unnecessary interference with such administrative decisions in proceedings for provisional orders. I have no hesitation in coming to the conclusion that this application for a provisional order to arrest applicant's transfer must be dismissed with costs.

What are Respondent's costs, Mr. Spanos?

Mr. Spanos: £15., Your Honour, including preparation etc.

COURT: Applicant to pay £15.- costs of this application before he takes any other steps in furtherance of his recourse.

Application dismissed.

Order as to costs as

aforesaid.

* Note: Published ante, at p, 949.