CASES OF CANCELLING DISCIPLINARY PENALTIES IN THE IRAQI STATE AND PUBLIC SECTOR EMPLOYEES DISCIPLINE ACT

Abstract

The public office is one of the most important issues in administrative law as employees are linked to the State authority in an organizational relationship. Therefore, the employee must abide by all administrative directives and decisions as well as all the duties imposed on him/her. Otherwise, the employee is subject to the disciplinary penalties stipulated in the provisions of the disciplinary Act No. (14) of 1991, as amended, when the employee is negligent in performing his/her duty or causes a breach in the performance of public services. The Iraqi Legislative Authority imposes disciplinary penalties and empowers the administrations with a discretionary power to impose appropriate measures against the employee who commits an offence in addition to providing him/her with adequate guarantees. These guarantees can be used in case of administration arbitrariness in that the employee is allowed to challenge the punishment before the administrative judicial authority, which has the right to cancel, amend or ratify it.