Facts
T. was hired as a detective in the Geneva cantonal police force. He was subsequently appointed to various ranks until becoming the head of brigade X. On January 8, 2009, he was orally informed of his transfer effective February 1 to the police station. According to his new job description, he would now work under the technical supervision of a jurist and his main tasks would be to draft orders for administrative detention, participate in meetings with the Geneva Cantonal Population Office, follow up on cases of administrative detention, collaborate with the administrative investigations brigade, and replace the jurist during their absences. He would no longer have a command role in this new assignment.
T. complained to the police chief that his transfer had not been the subject of a formal decision, that his procedural rights had not been respected, and that he would be relegated to a subordinate function as a result of this transfer. The police chief indicated that the transfer had been made in application of the legal provisions applicable to the police and that it did not have the character of a disciplinary sanction.
T. filed an appeal with the Administrative Tribunal of the Canton of Geneva, which declared the appeal inadmissible, considering that the change in the appellant's assignment was an internal management measure, devoid of a disciplinary character, and therefore did not constitute an appealable decision.
Considerations
The Federal Tribunal considers that T.'s transfer to the police station, although it has no financial consequences for him, relates not only to the organization of the police services, but is also likely to affect his legal status as the holder of rights and obligations towards the State. Its purpose goes beyond the performance of the tasks incumbent upon him in his usual sphere of activity or the instructions given to…