الفصل التأديبي للموظف العام في النظام السعودي: دراسة مقارنة

Abstract

This study addressed the procedures of disciplinary dismissal of public officials in Saudi law. It identified the nature of the relationship between public officials and the public administration on which the administration relies in imposing its punishment, which is a result of a disciplinary violation committed by a public official. Due to the seriousness of the disciplinary dismissal punishment, it is necessary to consider a set of controls and standards that guarantee a balance between the public interest and the guarantee of justice for the accused public official. These guarantees are reflected in the need to codify the disciplinary violations leading to the disciplinary dismissal, in order to avoid the arbitrariness of the administration in imposing the punishment and the need to distinguish between investigation and accusation. This is in addition to assigning the decision-making authority of the disciplinary dismissal to a judicial body, since such a judicial body is impartial and independent. The study yielded some recommendations: the most prominent was the need to protect the financial rights of the official sentenced to disciplinary dismissal.