Administrative Suspension of a Public Employee

Abstract

Research Idea: The suspension of an employee from duty constitutes a critical administrative measure within the Iraqi public service framework, governed by the amended State and Public Sector Employees Discipline Law No. 14 of 1991. This measure functions as a precautionary tool employed by the administration to ensure the proper conduct of administrative or criminal investigations and to safeguard the public interest against potential harm that may result from the employee’s continued exercise of official duties. Given the significant legal and financial consequences that suspension entails for the employee, a comprehensive examination of its legal foundations, conditions, and procedural safeguards is warranted.

Objectives: This research seeks to examine the concept of suspension from duty under Iraqi legislation, its various forms, the mechanisms governing its implementation, and its legal and financial implications. It further aims to offer comparative insights by juxtaposing this procedure with analogous measures in other legal systems.

Methods: The research adopts a descriptive and analytical methodology, complemented by a comparative approach that examines the amended State and Public Sector Employees Discipline Law No. 14 of 1991 alongside the Civil Service Law No. 81 of 2016 of the Arab Republic of Egypt and its implementing regulations.

Results: The research concluded that suspending a public employee is an administrative procedure, not a punishment. Its effects include the administration's recourse to it, which deprives the employee of performing their duties, their salary, and promotion. However, the employee has the right to appeal the suspension decision, which is made by the administration to safeguard their interests.

Conclusion: Studying the issue of suspending a public employee is inextricably linked to studying the philosophy of punishment in administrative law and the safeguards that ensure justice within the state's administrative apparatus. This makes it a highly important topic for legislators, administrators, and employees alike.