KCC 623/2001

This case involved a head teacher who was demoted and had his salary reduced because of financial violations. A key point was the validity of the investigatory procedures.

Background

A claimant filed a case against a defendant before the court. He requested the court to order the defendant to dismiss the decision by which he was moved to another position and a part of his salary was deducted. He said that he was working as a head teacher and that the decision was established on the grounds that he made financial and administrative violations.

The court ruled that the decision should be dismissed.

The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed ruling had erred in the application of law and had insufficient evidence of causation. He said that the Civil Service Law did not stipulate a certain way for conducting administrative investigations. He said that the court however established its ruling on the grounds that the investigation lacked its basic elements.

Decision