The Arab Center for Scientific Studies and Research has issued a new scientific book by a lecturer from the Faculty of Law and Political Science, Assistant Lecturer Aram Ghaib Allah Qadir, entitled: Proportionality between the violation and the disciplinary penalty and the role of the administrative judiciary in monitoring it.
The lecturer stated that the author discussed disciplinary penalty as one of the necessary matters in the field of public service; because it is an important means to prevent the employee from being negligent in performing his work, and he set a limit for the mistakes committed by him, and the goal of all of this is to ensure the smooth running of the administration and the work of the public facility regularly and steadily.
The lecturer added that the failure of the legislator to codify disciplinary violations (unlike what is followed in the penal code) and thus granting the administration broad discretionary power to impose disciplinary punishment on the public employee, the administration found a fertile field for exaggeration in imposing that punishment, and thus the lack of proportion between the seriousness of the administrative error and the severity of the punishment in most cases, as judicial oversight of the principle raises several questions related to the nature of the aspects of administrative discretion of the punishment, the controls of judicial discretion on the proportionality between the violation and the disciplinary punishment, and the means followed by the judiciary in order to monitor the proportionality, and whether it contradicts legitimate oversight or not.
All the best and success to the respected assistant lecturer Aram Ghaib Allah, and we ask God Almighty for his continued academic success.