PROVISIONS OF ADMINISTRATIVE GRIEVANCE AGAINST DISCIPLINARY DECISIONS

Abstract

This study examines the provisions of administrative grievance against disciplinary
decisions, guided in this by the opinions of juristsin Islamic jurisprudence, and the judgments
of the judiciary, seeking the help of the directions of the Jordanian administrative judiciary
and the Jordanian Civil Service Bylaw in matters and issues that must be resorted to. The
Researchers addressed the subject of the study in three sections, where we talked about the
nature of Islamic jurisprudenceand administrative grievance, which is one of the most
important issues that regulate the relationship of public servants with public administration,
where administrative grievance was defined as a legal means forwarded by the concerned
party to the administrative authority that issued the administrative decision in order to
reconsider such decision which affect the legal status of the person concerned. The study
addressed the types of administrative grievance, which might be optional permissive
grievance, or obligatory grievance in terms of freedom to present it. In addition, it could be a
allegiance or presidential grievance, according to the authority forwarded thereto, as well as
the importance of administrative grievance which achieves many purposes of the most
important is to promote the principle of transparency and justice, and enhance trust between
administration andpersonnel. The Researchers also tackled the administrative grievance
conditions, which are divided into formal conditions and objective conditions. The formal
conditions may relate to the form of application, which is usually in writing, or the subject of
the grievance petition. On the other hand, it may relate to another aspect of the person
complaining of the administrative decision, or of the authority to which the grievance
petition is forwarded, and the objective conditions may relate to the administrative grievance,
that the grievance be feasible, clear and apparent.