Disciplinary Guarantees in the Public Service

Abstract

The central theme of this research focuses on disciplinary safeguards in the public service. Among the principal instruments through which the administrative authority performs its functions is the human element — the public employee. However, in certain circumstances, a public employee may deviate from proper conduct and commit an administrative violation. In such cases, the legislator has empowered the administrative authority to initiate disciplinary proceedings and impose an appropriate sanction corresponding to the committed misconduct.

To prevent potential abuse of this disciplinary power, the legislator has established a range of guarantees that protect the employee’s rights vis-à-vis the disciplinary authority. Furthermore, the administrative judiciary exercises oversight over disciplinary decisions to ensure that the administration does not act arbitrarily or exceed its lawful authority.

The study concluded with several findings, the most significant of which is that the administration’s power to impose disciplinary sanctions on public employees is not absolute. Public employees enjoy a set of disciplinary guarantees designed to safeguard them from administrative arbitrariness and to uphold the principles of justice and fairness in disciplinary proceedings.