THE PUBLIC SERVICE.

Stratford Evening Post, Volume XXXIX, Issue 41, 11 June 1914, Page 6

THE PUBLIC SERVICE.

POWERS OF THE COMMISSIONER [Per Prebb Asbooiation.] Wellington, June 11. In the Supreme Court to-day, the Chief Justice gave his decision on the application under the Declaratory Judgments Act in regard to the interpretation of certain provisions of the Public Service Act. The principal point raised was as to the meaning of the word "promotion" in connection with the right of appeal against a decision of the Public Seavice Commissioner. His Honor answered the questions as follows: (1) Is a decision of the commissioner pro. moting or appointing an officer to a position that has become vacant or to a new position final and conplusivo 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-men-tioned officer the right to appeal to the Board against the decision of the Commissioner refusing him such promotion and promoting or appointing the first-mentioned officer to said position? Answer: Yes. (3) Generally, What are the powers of the Commissioner, the rights of officers and the powers of the Board of Appeal under section 31 of the Public Service Answer: An .officer can, 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 a right to withhold from the Board of Appeal the appeal of any officer forwarded to him on any matter under section 31? Answer: No.