Keywords : the reinstatement of the public servant

The financial effect of the judicial judgment on the reinstatement of the public servant

Ahmed. M. Al - Rubaie

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 15-53

Administration possess with its discretionary power can exclude any of its employees regardless of this exclusion reasons .But this decision taken by administration may not be legal which makes it voidable and cancelable by administrative jurisdiction . In which case reinstatement occurred .Among the obligations of administration is the necessity compensation of the damage inflicting the employ in the period spent outside service .Therefore, we can find that administration and judicial authorities do not worked consistently in various states ,whether in Iraq or in comparative laws. This is the problem of the study under discussion. The study is divided into two sections .The first section deals with the explication of causes behind discontinuing official bond and the judicial supervision of it ,whereas the second section explicates the financial effect consequent on cancelling the administrative decision . The study concludes with a summary showing the findings and recommendations ,the most important of which is the necessity of granting public employee sufficient compensation for damage resulting from the illegal decision of administration .