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UNDT/2019/152

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UNDT/2019/152, Nigam

UNAT Held or UNDT Pronouncements

The Tribunal recalled that a request for management evaluation is a sine qua non for bringing an application except in cases where the advice was obtained from technical bodies, as determined by the Secretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure. In the present case, there was no decision imposing disciplinary or administrative measures. The Applicant did not request management evaluation of any administrative decision related to the conduct of the investigation. The failure to seek management evaluation before approaching the Tribunal precluded entertaining the application. Accordingly, the application was dismissed as not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant contested UNDP’s decision whereby he was informed of the closure of an investigation against him after a process that he described as discriminatory and an abuse of authority.

Legal Principle(s)

Pursuant to art. 8.1(c ) of the UNDT Statute, an application is receivable if an Applicant has previously submitted the contested administrative decision for management evaluation, where required.

Outcome
Dismissed as not receivable

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full judgment
Applicants/Appellants
Nigam
Entity
UNDP
Case Number(s)
UNDT/NBI/2019/143
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Investigation
Jurisdiction / receivability (UNDT or first instance)
Subject matter (ratione materiae)
Applicable Law
UNDT Statute