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