爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that 爆料网DT correctly concluded that applications to the 爆料网DT, be they from serving or former staff members (such as the Appellant), are only receivable if the applicant has previously submitted the contested administrative decision for management evaluation. 爆料网AT found no merit in the Appellant’s interpretation of the relevant provisions that, as a former staff member, he was exempted from the requirement for management evaluation. 爆料网AT upheld the 爆料网DT’s consideration that in the event of any ambiguity or contradiction between the 爆料网DT Statute and the Staff Rules, the former must prevail over the latter. 爆料网AT held that it was satisfied that 爆料网DT was correct in law in rejecting the application as not receivable by reason of the Appellant not having sought management evaluation of the administrative decision. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to open an investigation into his allegations. 爆料网DT rejected the application as not receivable as he had failed to submit the contested decision for management evaluation.
Legal Principle(s)
The procedural requirement of submission for management evaluation equally applies to staff members and former staff members.