and that as a result of the investigation, the allegations were defendant dismissed the plaintiff. That by a letter dated 6 satisfied and the 1+ September, 2004, the plaintiff requested him to review his order of dismissal. 57. The applicant further deposed in paragraph 6 that the summary dismissal was substituted with compulsory retirement. In paragraph 15, she deposed that the 1s defendant violated the rights guaranteed in Article 65 of the 1999 Staff regulations against the sanction of compulsory retirement imposed by the 1%t defendant and the right of appeal under Article 65(a) of the Staff Regulations by their refusal to acknowledge her appeal or take steps to prepare the memorandum for presentation to the next Administration and Finance Commission in that connection. 58. She further convenience deposed is in favour in paragraphs of the grant 16,17,18, of the and 19 that the balance application, that she will of suffer irreparable damage if the application is not granted; that no monetary compensation will assuage the damage to be done to her if a fait accompli is foisted on the court by the defendants; that she is willing to make an undertaking to pay damages to the defendants should the orders sought be found to have been made without justification and that there exist special and exceptional circumstances warranting the grant of this application. She then concluded by the deposition that it is in the interest of justice to grant the application. 59. In the counter affidavit the facts which are summarised in great depth in the summary of facts, the defendants in paragraph 4 (XXVI) deposed that the plaintiff failed to appeal to the 1st defendant for a review of the sanction of retirement as required by Article 65 of the staff Regulations but in paragraph 4 (xxvii) deposed that she the plaintiff gave notice to the 2"4 and 34 defendants of her intention to appeal to the Council of Ministers against the decision of 9 February 2005. By that decision the 1st defendant reviewed the plaintiff's dismissal to retirement with effect from 1st 13

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