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The Republic of Cyprus, through The Public Service Commission v. Kika Gava (1968) JSC 669 Generato dall'IA

Supreme Court allows appeal, annulling trial court's finding of omission by Public Service Commission regarding respondent's post emplacement.

Numero d'incarto The Republic of Cyprus, through The Public Service Commission v. Kika Gava (1968) JSC 669
Autorità giudiziaria
Giurisdizione Cipro (CY)
Data della decisione
Esito del giudizio Accolto (Allowed)
Apri la fonte ufficiale Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

The Supreme Court allowed the Public Service Commission's appeal against the trial court's order. The trial court had declared an omission by the Commission and determined the respondent's correct post, which the Supreme Court found exceeded judicial authority. The Court held that once the Commission exercised its discretionary powers under the relevant law, the trial court could not substitute its own decision or find an omission without all relevant material. Consequently, the trial court's order was set aside, and the Commission was directed to reconsider the emplacement based on the complete picture of the respondent's duties.

Regesto Legislator

Generato dall'IA

Section 16(1) of the Transfer of the Exercise of the Competences of the Greek Communal Chamber and the Ministry of Education Law, 1965; Once a Public Service Commission exercises its discretionary powers under the relevant statutory provision, it is not open to a trial court to find an omission on the part of the Commission or to decide independently what post the applicant ought to have been emplaced.

Parole chiave

Generato dall'IA
Public Service Commission Emplacement of Respondent Section 16(1) Law 12/65 Trial Court Jurisdiction Finding of Omission Discretionary Powers Revisional Jurisdiction Appeal decisioni di riassegnazione o trasferimento

Disposizioni normative citate

Generato dall'IA
Section 16(1) of the Transfer of the Exercise of the Competences of the Greek Communal Chamber and the Ministry of Education Law, 1965 (Law 12/65)
Public Officers - Public Service and Greek Communal Chamber Service - Emplacement of Respondent in the post of Stenographer, 1st Grade, under section 16(1) of the Transfer of the Exercise of the Competences of the Greek Communal Chamber and the Ministry of Education Law, 1965 (No.
Generato dall'IA
CY-AAD-meros_3-1968-rep-1968_3_0322
REPUBLIC (PUBLIC SERVICE COMMISSION) ν. KIKA GAVA (1968) 3 CLR 322
CY-AAD-meros_4-1996-rep-1996_4_1512
Constitutional appeal dismissed because new facts destroyed the original claim's foundation. The court rejected arguments raised for the first time in court.
CY-AAD-meros_3-1984-rep-1984_3_1391
Court annuls promotion decision for breaching constitutional duty to follow prior operative findings of fact.
Αρ.1) (1997) 4 ΑΑΔ 237
Constitutional Court rejects amendment request to clarify existing grounds for annulment in administrative proceedings.
CY-AAD-meros_4-1996-rep-1996_4_0028
Supreme Court quashes promotion due to illegal delegation of section head's recommendation authority under Public Service Law.

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Testo completo

[*669] 1968 June 19

(VASSILIADES, P., TRIANTAFYLLIDES, JOSEPHIDES, HADJIANASTASSIOU, JJ.)

APPELLATE JURISDICTION

The Republic of Cyprus, through

The Public Service Commission,

Appellant,

v.

Kika Gava,

Respondent.

(Revisional Jurisdiction Appeal No.37).

Public Officers - Public Service and Greek Communal Chamber Service - Emplacement of Respondent in the post of Stenographer, 1st Grade, under section 16(1) of the Transfer of the Exercise of the Competences of the Greek Communal Chamber and the Ministry of Education Law, 1965 (No. 12of 1965) - Validity.

Administrative Law - Public Service and Greek Communal Chamber Service

- Emplacement under section 16(1) of the Transfer of the Exercise of the Competences of the Greek Communal Chamber and The Ministry of Education Law, 1965 (No. 12 of 1965) - Not open to trial Court a finding of an omission on the part of the Public Service Commission and the making of a declaration as to the post in the public service to which Respondent (Applicant) ought to have been emplaced.

K. Talarides, Senior Counsel of the Republic, for the Appellant,

A. Triantafyllides with S. Spyridakis, for the Respondent.

JUDGMENT

VASSILIADES, P.: The Judgment of the Court will be given by Mr. Justice Triantafyllides.

TRIANTAFYLLIDES, J.: At this stage, and having regard to the material before the Court, as well as to the submissions of counsel for the parties, we find that the [*670] appropriate course to be taken in. thin appeal is to declare null and void and of no effect whatsoever the decision of the Public Service Commission, of the 26th January, 1966, which has given rise to the present proceedings. We take the view that such decision was reached without the Commission having Before it all the material considerations which make up the complete picture of the duties which the Respondent was carrying out in the service of the Greek Communal Chamber. It is now up to the Commission to reconsider the matter of the emplacement of the Respondent, in the exercise of its relevant powers under section 16(1) of the “Transfer of the Exercise of the Competences of the Greek Communal Chamber, and The Ministry of Education Law", 1965 (Law 12/65), and in the light of all relevant considerations, including the material which was placed before the trial Court at the hearing of the recourse,

In the result the Order of the trial Court appealed against is set aside and the Order of annulment which we have just made is substituted in its place.

Once the Public Service Commission had taken a decision in the matter, in the exercise of its discretionary powers, under the said section 16(1), it was not open to the trial Court to find that there existed on the part of the Commission an omission; nor was it open to such Court to decide, instead of the Commission, what was the post in the public service to which the Applicant ought to have been emplaced, and to make a declaration accordingly.

There shall be no order as to the costs of the appeal.

Appeal allowed.

No order as to costs of the appeal.