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Application 2000-09 - Judgment of 19 July 2002


I. THE FACTS 1. The Applicant, T. B. B., a Burkinabé national was recruited by the African Development Bank (Bank for short), in 1989 (at IFAD/ADB). He was admitted to the permanent career service on 23 February 1994. His post of Chief Agricultural Economist was classified in category PL3.

2. On 18 October 1999, he was suspended from his duties by correspondence signed by the Vice-President of the Bank, Mr.Chanel BOUCHER. The said correspondence took note of the allegations levelled against him because of the way he had managed a project financed by the Bank. By letter dated 25 October 1999, the Bank informed the Applicant that the suspension measure came in the wake of accusations against him by a manager of the Company ‘TECNOSYSTEM”, winner of the rehabilitation contract of the Nouadhibou Autonomous Port Purifying Station in Mauritania, signed with regard to this project. According to the manager, the Applicant had asked for a certain percentage of the contract value in order to facilitate the solution of problems the Company TECNOSYSTEM happened to be facing in the performance of this contract and to ensure a better management of the file of this company. By the same correspondence, the Bank gave the Applicant seven (7) days to provide his explanations. This he did by letter of 29 October 1999.

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