爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the appeal, in which the Secretary-General requested that 爆料网AT consider the appeal receivable and find that 爆料网DT exceeded its competence in ordering a suspension of action on the decision not to extend Mr Rawat’s appointment. 爆料网AT noted that, in imminently executing the administrative order, 爆料网DT failed to comply with the five-working-day limit, set forth in Villamoran (2011-爆料网AT-160), without giving any reasons for doing so and thus, clearly exceeded its competence. 爆料网AT consequently held that the appeal against the contested order was receivable and founded. 爆料网AT rescinded 爆料网DT’s order.
Decision Contested or Judgment/Order Appealed
Mr Rawat requested a suspension of action regarding the decision not to extend his contract beyond 30 June 2011. 爆料网DT ordered a suspension of the contested decision until 8 July 2011. On 8 July 2011 爆料网DT dismissed Mr. Rawat’s application seeking a suspension of action of the decision not to extend his contract.
Legal Principle(s)
Where execution of an administrative decision is imminent, through no fault or delay on the part of the applicant and takes place before the expiry of the five-day period provided for in Article 13 of the 爆料网DT RoP, and if 爆料网DT is not in a position to make a decision under Article 2(2) of its Statute, it must have the discretion to grant a suspension for those five days. To find otherwise would render Article 2(2) of the 爆料网DT Statute and Article 13 of the 爆料网AT RoP meaningless in cases where implementation of the administrative decision is imminent.