PRECAUTIONARY SUSPENSION FROM PRACTICING THE PUBLIC OFFICE DURING THE INVESTIGATION WITH THE PUBLIC EMPLOYEE

Abstract

Administrative decisions are considered legal actions and actions that the administration resorts to and relies upon in carrying out its work and activities in all fields, if the conditions and validity of the procedure for this decision issued by the administration are met. The research on this subject necessitated that we show the importance of the precautionary endowment and clarify its effects on the employee and on his career and social future in all its aspects and aspects. As it has become known that the suspension of work، whether it is a precautionary endowment, a mandatory endowment, or a punitive endowment as a result of the issuance of a disciplinary decision or judgment، is only imposed on a public employee، whether in the broad sense according to the criminal law، or in the narrow sense according to the administrative law. Since the study of the subject of the precautionary suspension of the public employee from work requires that we define the concept of the public employee subject to the provisions of the endowment within the applicable civil service laws, we find that the legal nature of the precautionary endowment or the cessation of work، according to which the management authority authorizes the right to remove the employee or stop his hand from work. Working on a temporary basis from the exercise of his job pending a disciplinary or criminal decision, and the judicial oversight is carried out on the administrative decision issued by the management body during the exercise of its function. The judiciary enjoys independence and immunity, and judicial oversight is a basic guarantee for the employee who is being held in custody The precautionary suspension is a legal procedure intended to temporarily remove the accused employee from his work, i.e., temporarily drop his job by suspending him from work and exercising the functions of a job if the interest of the investigation so requires