Disciplinary investigation rules in Iraq in the light of the Law on discipline of State employees and public sector No. 14 of 1991, as amended

Abstract

     The Prerequisites of the public interest and wellbeing of the public utilities require that the administration represented by the Minister or the chief administrative officer to determine the responsibility of the employee for transgressions that lead to harm the public service. This responsibility is demonstrated by the referral of that employee to an investigative committee to get to the truth of the transgression committed by him, then determining the appropriate punishment. The measures are taken in accordance to the provisions of the legislator in the discipline Act of state employees and the public sector No. 14 of 1991 amended. The disciplinary investigation need judgments and rules that keep pace with emerging events that need to be continuously regulated. In view of the importance of the subject of the investigation with the employee, the legislature has surrounded its measures with many guarantees that aim to attain justice, through the creation of an adequate opportunity for the employee to defend himself and ward off the charges against him, but investigating the employee has a negative impact upon him for what it causes of doubts and selfconcern to him, in addition to its impact on the employee financially if the administration suspends him, or if it ended up, as a result of the investigation, firing him. In this case, he is in a bad situation along with his dependents.