الاختصاص التأديبي لديوان المظالم السعودي

Abstract EN

Discipline is an important part in the Public Sector and part and parcel of the occupational system because of its direct effect on the smooth movement of the public facilities.

As such; Legislators were concerned with explaining the disciplinary system for the common good.

Discipline in the Public Sector is based on two basic elements: 1- The legislator’s will, as he defines the main principles of the disciplinary system in the state.

2- The common social philosophy of the state that selects the disciplinary system suitable for such philosophy.

Therefore, Discipline is what the party, appointed by the legislator, does to enforce the disciplinary rules stated and governed by law.

However it doesn’t have the right enforce a disciplinary action unless it is stated in law.

Disciplinary authorities differ from one system to another.

Some systems authorize administration to enforce discipline as for its connection to supervision and guidance.

Some systems give the disciplinary authority to Judiciary regardless of the administration’s role in that field.

Some other systems mix both authorities and give the main and original authority of discipline to the administrative body besides counseling with concerned bodies in this regard.

The Kingdom of Saudi Arabia is an example of the states that merge both systems.

The study concludes with several recommendations: 1- considering providing guarantees on the ground with transparency, and allowing obtaining information about a given case’s file and interrogating witnesses, in addition to confirming the need of stating the reasons of the administration’s decisions.

2- Publishing the rulings of the Grievance’s Bureau with all kinds of the new technology for the greater benefit for all judges, investigators, employees and researchers.

3- Reconsidering the rules of procedures before the Bureau and developing the systems of the public Sector guaranteeing effective justice.