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.