Legal Comment on a Judicial Judgment Regarding the Failure to Record the Statements of the Public Employee before the Investigative Committee

Abstract

The Supreme Administrative Court in Iraq issued its judgment, in which it ruled “The discriminatory (objector) objects to the penalty of reprimand issued against him by administrative order No. (S) issued No. (S) on 19/3/2014 for hiding bids (5) and not sending them to the Bids Audit and Analysis Committee in Governorate (D) because he is the Chairman of the Bids Opening Committee, the Court of Employees Justice ruled to cancel the contested order for not recording the statements of the objector from the investigative committee that recommended the imposition of the penalty, whereas the investigation of the employee referred to the investigation and the recording of his statements by the investigative committee are essential matters required by law, its violation entails the invalidity of the penalty imposed based on the recommendations of the investigative committee, which requires the cancellation of the penalty imposed against the objector, whereas the discriminatory provision has proceeded in accordance with the foregoing, it shall be valid and in accordance with the law, therefore, decided to ratify it, reject the discriminatory regulation, and charge the distinguished person the paid fee, but this does not prevent the administration from taking the proper legal procedures and punishing the violating employee in accordance with the law, and the decision was issued by majority on 4 / Shaaban / 1442 AH corresponding to 17/3/2021” .