Withdrawing the hand is a result of the decision to refer the public employee to the judiciary

Abstract

The withdrawal of employment privileges stands as a significant repercussion for an employee's disciplinary transgressions, marking a breach of their legal standing and potentially paving the way for subsequent penalties. These infractions could escalate to judicial referral, potentially resulting in the termination of the employment relationship and the removal of the employee's general status. The determination of whether this termination and loss of status are temporary, as seen in cases involving the withdrawal of privileges and dismissal penalties per the current State Employees Discipline Law, or permanent, as in dismissal penalties defined within the law itself, hinges on the principle that "no crime and no punishment except by a text." This principle, articulated in Article 1 of the Amended Penal Code No. (111) of 1969, emphasizes that acts or omissions merit punishment only in accordance with established laws. Disciplinary penalties are explicitly outlined in Article 8 of the Disciplinary Law for State and Public Sector Employees No. (14) of 1991, as amended. While disciplinary violations are not rigidly specified in type, they generally stem from a breach of public job duties or a violation of its requisites. The administration evaluates the impact of such violations, culminating in the decision to withdraw privileges, especially when opting to refer a public employee to court for serious disciplinary transgressions.

Keywords

• 1- withdraw the hand,,
• ,،,؛2- the public employee,,
• ,،,؛3- the state shura council