Volume 18, No. 6, 2021

Disguised Administrative Penalties For Public Servants

Muhannad sulaiman Alyahyaee , Jabir Ali alrayssi , Sandia Mohamed AlFzari , Rashid Obaid Almatrooshi , Arieff Saleh Bin Rosman


The aim of the research is to clarify one of the forms of punishment that may fall on the public employee by the administration, and the administrative authority may be unfair, and it is marred by a kind of deviation and abuse in the use of disciplinary authority. Therefore, this research attempted to explain the legitimacy of a disguised punishment, what is meant by it and its concept, and the difference between legitimacy and legality, in addition to referring to the forms and forms of disguised punishment, and how to challenge this punishment by those who signed the penalty, with an explanation of the reasoning of the decision and how to challenge it, and was followed in This research has more than one approach: I followed the descriptive analytical approach, by describing the legal phenomenon related to this punishment, and its statement with the analysis of the legal texts related to it to reach the most important results and recommendations. The extent to which the Emirati legislator was affected by it, and the researcher reached several conclusions, including: The disguised punishment is defined as: a painful action taken by the administration against the employee without charging him with a specific accusation, so he/ she resorts to recklessness b Disciplinary punishment, through another procedure owned by it, that achieves the disposal of the hidden employee without fulfilling the disciplinary procedures, and also represents the disciplinary punishment that may be explicit in the text of the law and then is a mandatory effect of imposing a disciplinary punishment.

Pages: 3862-3880

Keywords: Disguised Punishment - Public Employee - Legitimacy - Disciplinary Penalty

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