clr/1981/1981_3_631.pdf

(2). The applicant in this recourse challenged the decision of the Director of Medical Servicesto posthim at the Casualty Section of the Limassol Hospital as from July 1, 1981; and he, also, applied for a provisional order suspending the effect of such decision until the final determination of the recourse. Copies oftherecourseand oftheapplicationwereserved ontheresponr dents but they entered no appearance. AtthematerialtimetheapplicantwasaMedicalOfficer serving at the Limassol Hospital and while posted at the Out-Patients SectionhewasonlydoingovertimeworkattheCasualtySection. The complained of posting of the applicant was, apparently, madeunder the provisions of section48

(2)ofthePublicService Law, 1967 (Law 33/67). On the basis of the material before the Court it appeared, prima facie, that in the context of the relevant administrative arrangements which were in force at 631 Orologas v. Republic

(1981)the materia] time, the only competent authority which could havemadesuchpostingwastheDistrict MedicalOfficer incharge of the Limassol Hospital. Counsel for the applicant submitted that, in the light of the relevant provisions of thePublic Service Law, 1967(Law 33/67) 5 and of the above administrative arrangements, the Director of Medical Services had no competence to post the applicant at the Casualty Sectionofthe LimassolHospital and that,therefore, the complained of posting there of the applicant was a flagrantly illegal decision. 10 Held,that in the absence of any argument to the contrary this Court is inclined, prima facie, to accept that quite probably the Director of Medical Services had no competence to post the applicant at the Casualty Section of the Limassol Hospital and that therefore the complained of posting was a flagrantly 15 illegal decision; that due to the failure of the respondents to appear today there is nothing before this Court to show that the public interest will be seriously prejudiced, in any concrete way, if the applied for provisional order isgranted; that, therefore, such order will be granted under rule 13 of the Supreme 20 Constitutional Court Rules of Court, and by virtue of it there will be suspended until the final determination of this recourse thetakingofeffect ofthepostingoftheapplicantat the Casualty Section of the Limassol Hospital. Application granted. 25 Cases referred to: Sofocleousv. The Republic

(1971)3 C.L.R. 345; Yerasimou v. Republic

(1978)3 CL.R. 36 at p.41; Prodromouv. The Republic

(1981)3 C.L.R.

1. Application for a provisional order. 30 Application for a provisional order suspending the effect of the decision of the respondent by virtue ofwhichthe applicant was posted at the Casualty Section of the Limassol Hospital pending the determination of a recourse against such decision. A. S. Angelides, for the applicant. 35 No appearance for the respondents. Cur. adv. vutt. TRIANTAFYLLIDES P. read the following decision. By means of the present recourse the applicant challenges, inter alia, the 632 3 C.L.R. Orologas v. Republic Triantafyllides P. decision to post him at the Casualty Section of the Limassol Hospital as from July 1,
2. Such decision was communicated to him by the Director of Medical Services, by a letter dated June 26,
3. 5 The applicant has filed an application seeking a provisional order supending the effect of such decision until thefinaldetermination of the present recourse. Copies of the recourse and of the application, as well as of an affidavit of the applicant, dated July 3, 1981,whichwassworn in support of such applica10 tion, were served on the respondents, as it appears from the file oftheproceedingsbeforeme,onJuly22, 1981,but noappearance was entered on behalf of the respondents loday. At the material time the applicant was a Medical Officer serving at the Limassol Hospital and while posted at the Out15 PatientsSectionhewasonlydoingovertimeworkattheCasualty Section. The complained of posting of the applicant was, apparently, made under the provisions of section 48

(2)of the PublicService Law, 1967(Law 33/67). Itwasnot madebyeitherthe Minister 20 of Health, or the Director-General of the Ministry of Health, but itwasmadebythe respondent Director of MedicalServices. On thebasisofthe material before meit appears, prima facie, that in the context of the relevant administrative arrangements which were in force at the material time, the only competent 25 authority which could have made such posting was the District Medical Officer in charge of the Limassol Hospital, Dr. A. MalUotis. It has been submitted by counsel for the applicant that, in the light of the relevant provisions of Law 33/67 and of the 30 aforementioned,administrative arrangements, the Director of Medical Services had no competence to post the applicant at theCasualtySectionoftheLimassolHospitalandthat, therefore, the complained of posting there of the applicant is a flagrantly illegaldecision. Intheabsenceofanyargument tothecontrary 35 I am inclined, prima facie, to accept that this is quite probably so. It has been, also, submitted by counsel for the applicant that the public interest is, in effect, adversely affected by the 633 Triantafyllides P. Orologas v. Republic

(1981)posting of the applicant at the Casualty Section, and by his move away from the Out-Patients Section of the Limassol Hospital, where he had been serving as from February 1978, because many patients, who were being regularly followed and treated by the applicant at the Out-Patients Section, have 5 been deprived of theservices of the applicant, who is thedoctor whois familiar with thepersonal history andcourse of treatment of each one of them. Moreover, it has been contended that theapplicant issuffering, asaresult ofhiscomplainedof posting, personal hardship and moral detriment, in that such posting 10 is considered as a demotion, and is, also, to be regarded as a camouflaged mode of taking disciplinary action against him. In support of this application for a provisional order I have been referred by counsel for the applicant to the cases of Sofocleous v. The Republic,

(1971)3 C.L.R. 345, Yerasimou v. The 15 Republic,

(1978)3C.L.R. 36,41 andProdromouv. The Republic,

(1981)3 C.L.R. 38, and to the textbook "Προσωρινή Προ­ στασία στϊς 'Ακυρωτικές Διαφορές",("Temporary Protectionin Disputes for Annulment"), 1979,by V. Scouris, pp.65,73,74. Due to the failure of the respondents to appear today I have 20 nothing before me to show that the public interest will be seriously prejudiced, in any concreteway, if Igrant the applied for provisional order. I, therefore, grant such order under rule 13 of the Supreme Constitutional Court Rules of Court, and by virtue of it I 25 suspend until the final determination of this recourse the taking of effect of the posting of the applicant at the Casualty Section of the Limassol Hospital. Of course, the making of this order does not prejudge the outcome of therecourse and,as therespondentswerenotheard 30 today, I fix this case on August 27, 1981, at 9.30 a.m., so that the respondents may show cause why the provisional order which I havejust made should not remain in force. Of course, in the meantime, such provisional order has to be abided by. Application granted. 35 634