سلطة الإدارة التقديرية و أثرها في نقل الموظف العام

الملخص EN

The decision to transfer a employee is considered one of the most prominent manifestations of the discretionary management authority that the administration enjoys at any time, considering that it is based on the service of the public utility and ensures its continuity, management and regular development in order to achieve the public interest, ignoring employee's desire in the exercise of that authority.

Where, the legislation of public employment has explicitly asserted on the right of the discretionary administrative authority to transfer the employee as it is an internal regulatory procedure.

However, the decision to transfer the employee should be considered legitimate in itself, where intention and purpose of the administration in taking such process must aim to achieve the public interest and ensuring the functioning of the public facility regularly and steadily.

So, transferring the employee to another place or function should reflect requirement of the public interest, not including hidden or indirect disciplinary punishment.

In this case, if the administration does not consider the public interest and takes such decision for an intention other that public interest, its decision to transfer the employee could be illegal, and the administrative judiciary may abolish it as a result of lack of respect for the principle of the legality of punishment and imposing penalties on employees.