تناسب العقوبة التأديبية مع المخالفة الإدارية في الفقه و القضاء الأردني

Abstract EN

This study aimed to discuss the appropriateness of disciplinary punishment with the administrative violation within and according to Jordanian jurisprudence (FIQH) and judiciary, where the administration meant to put a general disciplinary system for the purpose of punishing the violator employer through defining the types of disciplinary punishments and disclosing/(revealing) of the disciplinary violations.

Considering that the public employee is the actual human element in the Public Authorities of the State; So, he is its planning-mind and its working-hand that carrying out the public projects, therefore, it has to be a job/(career) stability for the employee so his output and production to be on a high level and fullest extent.

The most important stability elements for the employee is not to punished by the official authorized person who’s in charge in such an injustice or in an unfair way, and to be appropriateness of disciplinary punishment is to be taken against him or to be inflicted on him - if needed - with the violation that he committed.

In order to guarantee and/or ensure the progress of the Public Facility orderly and steadily, it was necessary for the Disciplinary Authority in inflicting or taking action of disciplinary punishment to take in consideration the appropriateness of these punishments with the administrative violation in order to achieve the objective result of disciplining concerning the effectiveness for the administration and the guarantee for the employees.

Thus, this study has demonstrated a number of concepts that related to the appropriateness of disciplinary punishment with the administrative violation within and according to Jordanian jurisprudence and judiciary, through explaining the development of the appropriateness` principle, the essence of the appropriateness, the appropriateness basis between the appropriateness of disciplinary punishment and the administrative violation, demonstrating regimented and attenuated circumstances in inflicting of disciplinary punishments, and what is the Jordanian jurisprudence (FIQH) and judiciary standpoint of this issue.

The study came up with a number of recommendations that we hope to be as a scientific interest (avail) in the field of the employee disciplining.