All you need to know about cases of exemption from disciplinary punishment for a public official

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Disciplinary penalties According to the text of the articles of the law, which are signed on the staff, according to the text of the law, there are several procedures, rules and cases on which the public official is exempted from disciplinary punishment or the final fall of the employee, and the employee violates the violation, And then the investigator should take note of these cases for their importance in determining the liability of the violator or not, and the disciplinary sanctions are as follows:

Warning Deduction from salary Discontinue work Upgrade delay Job grade decreased Severance of service.

I. Exemption from Disciplinary Punishment:

Execution of the order issued by the direct president Article 34 of the Staff Discipline Law stipulates that "an employee shall be exempted from punishment for administrative or financial offenses if he is found to have committed the offense in the implementation of a written order issued by his competent head, Shall be an offense. "In this case, the exemption from punishment shall include the following:

To issue to the employee a written order issued by his direct supervisor on the basis that the source of the order is the competent president, and that the staff member shall act in writing that the act to be performed is a violation and that the violation is ordinary and not gross.The availability of force majeure, for example the circumstances of war or heavy rains or sudden accidents that prevent the employee from going to his place of work in a timely manner and the disease that causes the employee to stop working and lack of will of the employee when the act of disciplinary action, Insanity ". In addition, there are certain circumstances surrounding the offense that result in the commutation or tightening of the sentence, which the investigator should be aware of when proposing punishment.

II. Mitigating circumstances include:

1- Work pressure and poor distribution of staff.

2. Good faith of the offending employee.

3. New age at the time of the offense.

4. The novelty of the employee's service.

5 – Lack of precedents in the employee file.

III. The aggravating circumstances include:

1. Precedents.

2. Bad faith of the offending employee.

IV – The fall of the disciplinary action:

The investigator shall be aware that the right of the disciplinary authority to punish the offending employee falls if one of the following is true:

1. The statute of limitations: Article (42) of the Staff Discipline Law stipulates that "the disciplinary action shall be dropped within ten years from the date of its occurrence. This period shall be interrupted by any procedure of investigation or discipline. The period shall be renewed from the last procedure. The duration for one of them is interrupted for the rest).

The aim of this is the desire to stabilize the situation and not to terrorize the employee after this long period and calm himself and improve his performance in order to ensure the proper functioning of the public facility, and after the ten years without interruption the fall of the administrative authority in the punishment of the employee and the consequent non-disciplinary action against him Before the Administrative Court.

2. Death: If the employee dies before the penalty is imposed on him, he shall be subject to disciplinary proceedings against him, and he may not be disciplined either by administrative or judicial way.

V. Termination of the sentence:

The natural means of expiry of the penalty is to implement it in the form prescribed by the system, but there are other ways in which the penalty is to be eliminated as follows:

1 – Expiry of the penalty through the administration, and this is through the return of the administration in its decision to withdraw the disciplinary decision, or the way to erase the sanctions.

2 – The expiration of the penalty through judicial control, and this is the issuance of a decision to cancel the decision of the disciplinary wrong.

3 – Expiry of the penalty through amnesty issued by the authorities.

What matters to us in this matter is the expiry of the penalty through the administration, which is achieved in two cases:

1 – Withdrawal of Disciplinary Decisions: The legality of withdrawing disciplinary decisions issued by the holder or his authorized representative is to enable the administrative body to rectify an error in it. The decision to withdraw must be issued in violation of the law if the disciplinary penalty is based on correct reasons. In order to respect the decision and the continuation of the situation and in the interest of the public, which requires that the penalty disciplinary punishment for those who signed it and the lesson to other employees.

Article (45) of the Staff Discipline Regulations stipulates that (the employee may request to clear the disciplinary penalties signed after three years from the date of the decision to punish him, and the penalty shall be abolished by a decision of the competent minister) and the objective This is to protect the employee who has improved his morals and behavior and is no longer committing any other disciplinary offenses because the administrative body followed by the employee takes into consideration the effect of the penalty he has been subjected to when comparing him with the other candidates for promotion, Punishment shall be considered as penalty The employee was signed, as if it were not for the future and not for the effects of the past, which requires the removal of any papers related to the punishment of the employee service file.

The explanatory note to the disciplinary system has shown some of the controls mentioned in the said article, as follows:

1 – the abolition of the right of the employee and must submit the request to the competent minister.

2- The employee shall prove his good conduct, conduct and efficiency in the performance of his work during the three years from the date of the imposition of the sentence.

3 – The abolition of the penalty does not diminish the rights that may result from what has been proven against the employee from administrative or financial irregularities such as compensation.

4- A decision shall be issued by the competent minister to eliminate the penalty.

(tTo) Employee (t) Administrative Employee (t) Employee