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Costas Cleanthous v. The Republic of Cyprus, through the Minister of Interior and Another (1973) JSC 1687 Generato dall'IA

Provisional order against appointment and termination decisions dismissed as subject matter changed post-recourse filing.

Numero d'incarto Costas Cleanthous v. The Republic of Cyprus, through the Minister of Interior and Another (1973) JSC 1687
Autorità giudiziaria
Giurisdizione Cipro (CY)
Data della decisione
Esito del giudizio Respinto (Dismissed)
Apri la fonte ufficiale Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

The applicant sought a provisional order to suspend the appointment of an interested party and the termination of his own acting appointment. The court dismissed the application, citing that the termination decision was issued after the recourse was filed and thus not part of the current subject matter. Consequently, no provisional order could be made regarding the termination, and the existing refusal to suspend the appointment stood.

Regesto Legislator

Generato dall'IA

Article 146 of the Constitution; Article 146 of the Constitution: A provisional order cannot be granted against a decision rendered after the filing of a recourse if that decision falls outside the scope of the challenged subject matter.

Parole chiave

Generato dall'IA
provisional order recourse filing subject matter acting appointment constitutional review decisioni di riassegnazione o trasferimento modifica della curatela trasferimento Dublino verso la Croazia

Disposizioni normative citate

Generato dall'IA
Article 146 of the Constitution

Giurisprudenza citata

Generato dall'IA
Case 195/72
Decision* by which I refused a provisional order in case 195/72 I have reached the conclusion that it is not proper to make the provisional order applied for in this case.
Generato dall'IA
CY-AAD-meros_3-1972-rep-1972_3_0376
Provisional order against appointment decision refused; termination decision excluded from recourse subject matter.
CY-JSC-1973-1973_1682
Provisional order to postpone appointment dismissed due to lack of irreparable harm and administrative necessity.
Αναθεωρητική Έφεση Αρ. 3263
Appeal dismissed for lack of legal interest as Article 45 applies only to those who lost promotion due to a revocation order.
CY-AAD-meros_4-1995-rep-1995_4_2221
Supreme Court dismisses stay of deportation order after purely negative residence permit denial.
CY-AAD-meros_1-2001-1-200106-10723
Supreme Court dismisses late appeal amendment due to significant delay and lack of merit.

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Testo completo

[*1687] 1972 July 31

(TRIANTAFYIITDES, P.)

REVISIONAL JURISDICTION

In the matter of Article146 of the Constitution

Costas Cleanthous,

Applicant,

and

The Republic of Cyprus, through

1. The Minister of Interior,

2, . The Public Service Commission,

Respondents.

(Case No. 209/72).

Provisional order - Suspending effect of a decision posting Interested Party to Kyrenia, as District Officer, and of a decision terminating applicant's acting appointment thereto - Until outcome of a recourse against validity of such decisions - Not proper to make such an order in this case for reasons given in Case 195/72 (Published ante at p. 1682 ) - Moreover decision terminating acting appointment, having been reached after filing of recourse cannot in law be regarded as forming part of the subject matter of the present recourse - And, therefore, no provisional order ought to be made in respect thereof.

K. Talarides, for the Applicant.

L. Loucaides, Senior Counsel of the Republic, for the Respondents.

K. Michaelides, for the Interested Party.

DECISION

The following decision was delivered by: -

TRIANTAFYLLTDES. P . : By recourse 195/72 the applicant in the present case has challenged the validity of the appointment of the interested party, K. Marcou, to [*1688] the post of District Officer; and today I have just dismissed an applications in that recourse, for a provisional order postponing the taking of effect of such appointment until the outcome of the recourse.

In the present case the applicant seeks the annulment of the decision to post the interested party to Kyrenia as District Officer as from the 1st August, 1972, and of a decision terminating the applicant's acting appointment as District Officer in Kyrenia as from that date. He has applied for a provisional order postponing the taking of effect of these decisions pending the outcome of the proceedings.

For the same reasons given in my

Decision* by which I refused a provisional order in case 195/72 I have reached the conclusion that it is not proper to make the provisional order applied for in this case.

In any case, the effect of the

decision concerning the termination of the aforesaid acting appointment of the applicant should not have been interfered with by means of a provisional order made in this case, because, as it has transpired during the proceedings, it is a decision reached by the respondent Commission on the 28th July, 1972, after the filing of this recourse on the 26th July, 1972, and, therefore, as it cannot in law be regarded as forming part of the subject matter of the present recourse it follows that no provisional order should be made in respect thereof in these proceedings. [*1689]

The application for a provisional order is , thus, dismissed; but in the circumstances of this case I am not prepared to make any order as to the costs of such application.

Application dismissed.

Note: The recourse was withdrawn later before judgment.

* Published in this Part at p. 1682 ante.