النقل الوظيفي كعقوبة مقنعة ( دراسة مقارنة )

Abstract

It is recognized that the decision to transfer a public employee is based on several spatial and other qualitative considerations , and it must be under the umbrella of the principle of legality and achieving the public interest and what is required by logic. From this point view, we find that the majority of the administrative authorities abuse the transfer the public employee from his place of work to another or other than his specialization and the purpose of this to harm him and achieve personal interests on the part of the administration, must be subject to the principle of legality, so the administration is not allowed to transfer the employee spatially or qualitatively outside the legal context and not to evade its legally stipulated obligations by claiming that the public interest above respecting and implementing the laws in the text. the presence of the judiciary over the work of the administration so that it doesn't go further in its actions without accountability or supervision. The judiciary plays an important role in limiting this phenomenon. Whereas, the transfer of the employee here is disguised punishment that contradicts considerations of justice and a waste of the rights and guarantees of the public employee the law's. warranty, next the fate of decision is undoing judicially.