العقوبات الانضباطية المقنعة : دراسة مقارنة

Abstract EN

Like express disciplining punishments exercised by disciplining authority resulting in disciplining punishments as legally prescribed, there is a kind of punishment imposed by administration on an official without having recourse to disciplining procedures legally prescribed for the purpose of getting rid of an official with the slightest expense and in order not for its decision to be nullified by administrative judicial authorities, which results in the necessity of reinstating the official and settling his vocational position, This kind of punishment is called a veiled punishment Such a punishment is deemed to be a flagrant violation of and express encroachment upon the principle of legality observed by disciplining authorities in imposing restricted punishments and certain effects and restriction, as well as deviation from discretionary power behind which no public interest is sought perhaps the reason behind calling such punishments veiled is that administration body may find itself in from of an official who has certain ideas or exercises a conduct opposing its attitudes, and does not represent a disciplining line for which he can not be blamed, The forms of veiled punishment are numerous and represent a common method in the field of disciplining to the extent that it represents a phenomenon worthy of investigation for finding remedies for it, The difficulty of veiled punishment lies in the search for the intention of administration body, for administration claims that it attains public interest.

The outer appearance represents that but its intention proves the contrary, There fore , judicial authorities depend on some circumstantial evidence, such as being a contemporary of the transference which overburdens the official it takes in to consideration the seriousness of management The official has warranties against the veiled disciplinary punishments, sine he has the right to lodge a complaint before the administrative body issuing the decision, and has also the right to object before the competent court and claim compensation for the damage inflicted on him .