RIGHT OF APPEAL.

Sun (Christchurch), Volume I, Issue 107, 11 June 1914, Page 10

RIGHT OF APPEAL.

PROMOTION IN PUBLIC SERVICE. <, t ■■■* ; IS COMMISSIONER'S WORD FINAL? CHIEF JUSTICE SAYS NO. V ' A FAB-REACHING JUDGMENT. Press A tsociation. WELLINGTON, June 11. In the Supreme Court to-day, the Chief Justice gave his decision on an application under the Declaratory Judgments Act in regard to the interpretation of certain provisions of the Public Servi- Act. The principal point raised was as to the meaning of the word "promotion" in connection with the right of appeal against the decision of the Public Service Commissioner. His Honour answered the questions put as follows: — t 1. Is the decision of the Commissioner, promoting or appointing an officer to a position that has become vacant or to a new position', final and conclusive as against another officer who claims to be entitle! to and applies for promotion to such vacant or new position? Answer: No.

2. Has such last-mentioned officer the right to appeal to the board against th*> decision of the Commissioner in refusing him such promotion, and promoting or appointing the first-mentioned officer to the said position! Answer: Yes. 3. Generally, what are the powers of the Commissioner, rights of officers, and powers of the Board of Appeal under section 31 of the Public Service Act? Answer: An officer ca*., after application for an office, and notification. of the decision of the Commissioner against him, appeal to the Board. 4. In the case of an officer who claims to be entitled to and who applies for, promotion, and who has been passed over by the Commissioner—has such officer any right to appeal to the Board of Appeal? Answer: Yes, he can appeal.' 5. Has the Commissioner the right to withhold from the Board of Appeal the appeal of any officer forwarded to him on any matter under section 31? Answer: No. ~.-...