Pull the hand and its effects on the legal status of employees

Abstract

Resolution of pulling out the hand of an official is a
precautionary procedure the administrations take for legal
considerations, or for the needs of public interest or for the favor of
an administrative investigation. If it is found that the official's remain
in his \ her position affects the safety of investigation and its
neutrality.
Iraqi legislator has authorized the presidential authority,
represented by competent minister or the director of the authority the
official belongs to, to issue a resolution of a temporary job
termination for the official.
The director board has the power of forcible holding up if the
official has been arrested by an authority (security authorities, army
formations or competent judicial bodies). It shall be obliged to issue
such resolution, without any estimation power, in case that there are
justified conditions stated in the regulations of public service. The
Board's resolution will be as a revealer for the official status but not
as a source for it.
While if the holding up is a voluntary, then the Board shall have
an estimated power of issuing such resolution or not according to
diligence of the administration or the investigation interest. Such
resolution must be as a source of the official status but not a revealer.
It is preferable to put standards identifying the notion of the public
interest justified the powers of the Board in holding up the official for
the serious consequences on the official's material and moral aspects.
The resolution of holding up the official is an exceptional procedure
has the consequence of hindering an official from conducting his job
and his job term is being terminated for a temporary period . Half of

his salary is being banned which is the most serious consequences of
the resolution of holding up for its association with livelihood of the
family. The other half of the salary shall be determined in accordance
with the disciplinary amended Act of public sector No. 14 of 1991 in
addition to its impact on promotion and upgrading.