and that as a result of the investigation, the allegations were satisfied and the 1st
defendant dismissed the plaintiff. That by a letter dated 6th 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 1st
defendant violated the rights guaranteed in Article 65 of the 1999 Staff regulations
against the sanction of compulsory retirement imposed by the 1st 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 deposed m paragraphs 16,17,18, and 19 that
the balance of
convenience is in favour of the grant of the application, that she will 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 9f the sanction of retirement as
required by Article 65 of the staff Regulations but in paragraph 4 (xxvii) deposed that
she the plain.tiff gave notice to the
2nd
and
3rd
defendants of her intention to appeal to
the Council of Ministers against the decision of 9th February 2005. By that decision
the 1st defendant reviewed the plaintiff's dismissal to retirement with effect from 1st
13