What are the conditions for grievance against the administrative decision and the conditions for filing a lawsuit against this decision?
We wanted to talk about this important topic, as many questions were received from state ministries' employees about the formal and substantive conditions for grievance against administrative decisions, in order to avoid what might be an obstacle to their obtaining their legitimate rights.
We know that the public employee performs the public employment service and bears the related obligations and burdens, and in return he enjoys a number of rights, most of which are financial, such as salaries, bonuses and promotions, and some of them are non-financial, such as annual and sick leaves, and the employee's rights are not subject to bargaining. For owners of similar positions, and the government is independent to define and set general rules to which the employee is subject without competition or controversy.
The employee performs the job service in return for enjoying financial or non-financial rights determined by the government
The grievance may file his grievance to the decision-issuing authority within sixty days from the date of publication of the decision
An employee who was not aware of the decision may file a grievance against him within sixty days, from the date of certain knowledge
There are supervisory bodies that monitor the administrative body and express their opinion on the grievance filed by the employee in accordance with reality and the law
The employee may file a lawsuit against the grievance decision, after completing all the stages and procedures to be followed after submitting the grievance
However, a question may arise about the issuance of a decision by the administration requiring one of the employees to pass the promotion to the higher level, despite his eligibility and fulfilling all the required conditions, in this regard: What should he do? Is it permissible for him to complain to the administrative body? Are there any deadlines that he must adhere to when submitting the grievance to the administrative authority? Are there specific procedures that must be followed in order to file this grievance? Does he have the right, upon refusing the complaint, to file a lawsuit against this decision? What are the conditions for that?
In order to answer all these and other questions, we say: It is worth noting that Decree-Law No. 20/81 dated 2/17/1980 amended by Law No. 61 of 82 of the year establishing a department in the total court to consider administrative disputes is concerned with canceling administrative decisions related to employee affairs, such as private disputes. (With salaries, pensions, bonuses and bonuses owed to civil servants or their heirs, and decisions related to promotion, termination of service, or disciplinary penalty). Thus, that department is the competent authority to hear the case related to the employee's overstep in the promotion due to him.
The need for a grievance to the administrative body before filing a lawsuit, and the conditions that must be met.
Article (8) of the aforementioned decree indicated: that cancellation requests related to appointment, promotion, termination of service, or disciplinary sanctions are not accepted before grievance to the administrative body that issued the decision or the presidential authorities and waiting for the scheduled appointments.
Conditions to be met:
First: From the formal point of view: The date for appealing administrative decisions and the time for filing a lawsuit is sixty days from the date of knowledge, and this time is interrupted by grievance to the administrative authority that issued the decision to its governing bodies, and the submitted grievance must include the following data:
1- Name of the complainant.
2- His job.
3- His address.
4- The date of issuance of the grievance decision.
5- The date of its publication.
6- Causes of grievance.
Second: From the objective point of view (causes of grievance)
The law defines reasons for challenging the administrative decision, which are:
1- Lack of jurisdiction.
2- Violating the law.
3- Violating laws and regulations and wrongly applying or interpreting them.
4- Abuse of power.
From the foregoing, it is clear to us that the grievance is permitted to file a grievance with the authority issuing the decision within sixty days from the date of publication of the decision in the official gazette or in the bulletins issued by government departments, otherwise, the decision is protected and it is not permissible to grievance against it even if it is null ... but he may not know The employee made the decision until after sixty days had passed, is he allowed to complain about the decision? The answer: It is permissible for the employee who did not know about the decision to complain about him, and another sixty days are calculated for him, and that is from the date of certain knowledge, and this is what Article (117) of the decree referred to, where it says: (or his knowledge is proven with certainty).
The procedures that the administrative body must follow after submitting a grievance
Article (3) of the same decree indicated: that the party receiving the grievance must record it in a special record with a serial number, in which the date of its submission is indicated, and the employee shall be delivered a receipt indicating the grievance number and the date of its submission, or sent by a registered letter with acknowledgment of receipt, and the authority that issued the decision The grievance must be drawn up or the aforementioned body must write a memorandum with its point of view on the grievance and send it to the Civil Service Bureau within ten days from the date of submitting the grievance with a copy of the grievance decision and all papers and documents related to the subject, and if the grievance is submitted to the governing body, that body must refer the grievance To the authority that issued the decision to follow what was stated in the previous paragraph, and the Civil Service Bureau sends the grievance together with its opinion and the point of view of the authority that issued the grievance decision and all papers and documents related to the subject to the Fatwa and Legislation Department within twenty days from the date on which the grievance is received, and the Fatwa and Legislation Department shall examine The grievance and the submission of its opinion to the competent authority within twenty days from the date on which it was received, and the competent authority shall decide on the grievance - whether it is accepted or rejected - within ten days from the date of its receipt The opinion of the fatwa and legislation, and you notify the complainant by a registered letter with acknowledgment of receipt of the decision issued in his grievance, as well as the reasons on which it is based if the decision is issued to reject.
From the above, it becomes clear to us that there are monitoring bodies that monitor the administrative body and express their opinion on the grievance filed by the employee in accordance with reality and the law, but the opinion of the fatwa and legislation is not binding on the administrative body, and it may notify the grievance of its rejection of the grievance, provided that it is justified.
Conditions for filing a lawsuit to cancel the appealed administrative decision
It should be noted that in the event that the administration rejects the employee’s grievance, he may then file a lawsuit against the grievance’s decision, requesting its cancellation, after he has completed all the stages and procedures that we have explained, as he will only be able to file a lawsuit After completing those procedures and deadlines referred to.
But the question may arise in the event that the administration body does not respond positively or rejecting the submitted grievance?
Discrimination has been eliminated on the permissibility of filing the cancellation lawsuit for the grievance decision after the lapse of sixty days, even if no response from the administrative authority has been received, as he must wait for the missed deadline to decide on the grievance. After submitting the grievance, which is missing without an answer from the competent authority on the grievance is considered an implicit or judgmental rejection, even if the person concerned announced after that by an explicit decision of rejection, as long as the date was legally preceded by a verification order, which is a judgmental or implicit decision.
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