المحقِّق الإداري دراسة في ضوء أحكام قانون انضباط موظفي الدولة والقطاع العام النَّافذ وقرارات القضاء الإداري المختص

Abstract

Administrative investigation is the means through which the administration can hold an employee or person charged with a public service accountable, and it must be carried out by the administrative investigator, whether an individual or a committee. The latter is the body granted by law the powers to take appropriate investigative measures to reach the truth regarding the job violations attributed to the employee, which may result.  It must recommend disciplinary accountability by imposing one of the disciplinary penalties specified by law. The law stipulates a set of conditions that must be met by the administrative investigator, who has a special personality that distinguishes him from the criminal investigator. The administration has broad authority when choosing the administrative investigator, and there are legal reasons for his response, and we have reached conclusions.  Several of them include the necessity of including in the disciplinary code the conditions that must be met by the administrative investigator. We did not support the style or method of the single administrative investigator, but rather we preferred the committee method. We also called for the participation of female investigators in some committees due to their specificity, with the need for the administration to take into account the title and job grade of the employee referred when selecting the administrative investigator from among the committees.  Before that, we also called for the necessity of legislating a special law for administrative procedures for investigation, trial, and appeal