The Administrative Judiciary’s Control over the Administration’s Procedures for Transferring a Public Employee as a Disciplinary Penalty

Employee transfer is the transfer of an employee’s workplace from one department, ministry or institution to another, so as not to change the type of job, grade and financial allocation, and i.e. the management decision to transfer employees at its discretion is one of the privileges of the official. Administrative is an organizational procedure through which the administrative official must continuously and regularly seek to achieve the public interest and the proper functioning of public facilities. It is worth noting that there is a big difference between the forced transfer of a government employee as an internal organizational procedure that It is carried out by administrative authorities to organize the work of public facilities, and the forced transfer of an employee as a punishment for disguise and disguise, the purpose of which is to harm the public servant, and despite the legislature granting the authority to transfer government employees It is legal, because the department can violate this authority and use it to continuously operate public facilities to achieve other goals away from the public interest, such as revenge or abuse of the employee and financial and moral damage to him. And regular and worth noting is the stark difference between the transfers of a government employee is mandatory as an internal organizational procedure performed by the administrative official. Organizing the work of a public service company and transferring money for forced employment as a covert and covert punishment with the aim of harming a government employee Government shows. And the purpose of this study is to develop the bureaucracy by setting rules that ensure a balance between management and employee interests by finding the right disciplinary policy, based on achieving a balance between the principles of effectiveness that the government seeks to ensure performance. Public Services On the one hand, and the purpose of this study is to show the guarantee that seeks to provide the highest degree of guarantee to the government employee during the disciplinary trial. The importance of the study appears from the seriousness of the transfer as a disciplinary penalty to the public employee, who represents the administration’s tool in achieving its goals, carrying out its work, and the regular and progressive functioning of the public facility. To answer this question, we relied on the descriptive analytical approach, which aims to describe and diagnose the subject of the research from its various aspects, and all its dimensions, and we reached a number of results, the most important of which were: The administration is based on serving the public facility and ensures its continuity, management and development regularly in order to achieve the public interest. In all cases of public employee transfer, it should stem from the desire to achieve the requirements of the public interest in general, and the requirements of the interest of work in particular, and to purify his performance and raise his performance. The level of service performed by the administrative body, and the employee may not be transferred as a disciplinary penalty, since the State Employees Discipline Law has limited disciplinary penalties, and the transfer penalty was not included in it.