CIVIL SERVICE.

Colonist, Volume LVI, Issue 13493, 12 June 1914, Page 7

CIVIL SERVICE.

RIGHT OF APPEAL

CHIEF JUSTICE'S DECISION

[United Pbesb Association.]

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 or the Public Service Act. The principal point raised was as to the • meaning or 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: — . . (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 entitled to, and applies for, promotion to such vacant or new position.''

Answer: No. ," . (2) Has such last-mentioned omcer a rio-ht to appeal to the Board against the decision of the Commissioner refusing him such promotion, and promoting or appointing the first-mentioned omcer to the said position?

Answer: Yes. . (3) Generally, what are the powers ot the Commissioner, rights of officers, and powers of the Board of Appeal under' section 31 of the Public Service Answer: An officer can, after application for an office, and notification ot 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 rignt to withhold from the Board of Appeal the appeal of any officer forwarded to him on any matter under section 31 ; Answer: No.