Impartiality as a guarantee for the public employee in administrative investigation

Abstract

   Abstract   Impartiality is one of the important criteria for the quality of administrative investigation with a public employee, and one of the most important guarantees assigned to him in all stages of the disciplinary process, which contributes to protecting the employee from the influence of administrative authority and ensuring reassurance for him. Neutrality means detachment from personal inclinations and whims and not being biased towards whoever is being investigated. He has the investigation, and one of the requirements of the investigator’s impartiality is that he does not interfere in the course of the investigation to influence the will of the referred employee by directing questions in a way that indicates and suggests that the employee confesses to the accusation against him through the statements he makes. The referred employee has no choice but to acknowledge what is stated in it, even if you do not intend to. His desire to make these statements, therefore, violating the principle of neutrality in the administrative investigation is a reason for the absence and emptying of the true content and meaning of the disciplinary guarantees for the public employee, and it can be said that this guarantee is achieved by the following:                                 

 1 - Separation between the authority to accuse and impose punishment, meaning that the authority that exercises investigation with the violating employee and then imposes disciplinary punishment is completely independent of the authority that directs the accusation, and this is what we find clearly in the judicial system, where the Egyptian legislator adopted it, as for the presidential system. We find that the guarantee of neutrality is non-existent or to a limited extent, as the administrative head possesses all powers, as both the Iraqi and Kurdistan legislators adopted this system in State Employees Discipline Law No. 14 of 1991 in force and Inclusion Law No. 5 of 2020 in force in the Kurdistan Region.                                                           

   2 -Dismissal and removal of members of the disciplinary authority in the event of   a   relationship, friendship, or rivalry with the offending employee, in the presence of which it is not possible to issue an administrative decision without Omil’s bias.      

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