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The Tribunal found established the facts of which he was accused and considered they constituted misconduct, no irregularity was identified in the procedure and the sanctions were not deemed disproportionate. However, unlike the written censure and demotion, the prohibition of promotion for a certain period of time was not among the range of disciplinary measures foreseen in former staff rule 110.3 (a), which rendered its imposition unlawful, pursuant to the principle nulla poena sine lege. Hence, the said sanction was rescinded and CHF1000 granted as compensation for the loss of chances sustained. In reviewing disciplinary cases, the Tribunal must examine: (a) whether the procedure followed was regular, (b) whether the facts in question are established, (c) whether those facts constitute misconduct and (d) whether the sanction imposed is proportionate to the misconduct committed. According to administrative instruction ST/AI/371, in particular, to its paragraph 6, the Administration is bound to inform in writing the concerned staff member that disciplinary proceedings have been undertaken once the Assistant Secretary-General, Office of Human Resources Management, has decided to issue disciplinary charges against him/her. The disciplinary procedure commences only when the Administration does so. The preliminary investigation preceding the disciplinary procedure is not carried out in an adversarial manner and the above-referred instruction does not provide that the concerned staff member mustnecessarily be informed about the subject of the investigation. The applicant could not claim any right not to answer to the Administration’s queries at the preliminary investigation stage. The Tribunal raised on its own initiative the issue that no legal text provided at the time of the facts for the possibility of a demotion measure being accompanied by a prohibition to receive a promotion during a certain period of time. Thus, the accessory prohibition of promotion for two years was unlawful, in keeping with the principle nulla poena sine lege. Staff members must comply with the obligations stemming from their condition without the Administration having to remind them of these duties.