The Extent to which the Disciplinary Penalty Falls with the Passage of Time between the Absence of the Text and the Stability of the Legal Centers
Dr. Abdul Hafez Al Shemy
Associate Professor of Public Law
College of Law, Qatar University
Doha, Qatar
Abstract:
This study aims to address the legal impact resulting from not implementing the disciplinary penalty, and to indicate whether the administration has the right to implement it later, retroactively or directly, and the impact of this on the legal status of the public employee. The study also examined the differences between failure to implement a punishment and what may come close to it, such as a punishment transfer system. The study also discussed the extent to which it is permissible to borrow the system of extinguishing a criminal penalty and apply it to disciplinary penalties. This study adopted the deductive and comparative approaches. The study then concluded several results, the most important of which are: The idea of the accused escaping in criminal law for a period of time, which results in the forfeiture of the criminal penalty, is not implemented in the disciplinary field, as the public employee is in the sight of the administration and his relationship with the administration does not end except for one of the reasons leading to the end of the employment relationship.
Therefore, the implementation of the statute of limitations of the disciplinary penalty would be more likely to be a negligence of the administration than the public employee who is the subject of disciplinary accountability, and that in the event that the administration implements the penalty, it must implement it from the date of its knowledge of the non-implementation. This is because the implementation of the disciplinary penalty is retroactive, even if it is permissible in moral penalties. Or moral, it cannot be implemented in the field of financial or serious penalties, because this implementation would result in prejudice to the acquired rights of the public employee, such as the right to promotion.
Keywords: Disciplining the public employee, implementing the disciplinary penalty, forfeiting the disciplinary penalty.