On February 6, 2001, the Court issued Administrative Fez is composed of the following:
* Y. Mohamed El Nagary: Chairperson-Rapporteur
* Y. Saad Berrada Gxiol: member
* Y. Sabti people: a member of
The presence of Mohammad Hosseini Sicilian: a royal commissioner
With the assistance of Mr. Abdul Rahim Science: clerk
Sentence the following text between:
Ms. Adeeba Ayouch professor of the first wire Baaadadah Omar Khayyam Fez, her deputy, LLC. Aziz Benkirane lawyer Fez.
Claiming on the one hand
And the Ministry of National Education in the person of the minister in Rabat.
Defendant on the other hand
First: the facts
Based on Law No. 90-41 of the updated administrative courts.
Pursuant to Article VII thereof, which refer to the Code of Civil Procedure.
And where it is registered under the article on 20/4/2000 where he was student Ms. Adeeba Ayouch by her lawyer that it challenging the administrative decision number 6338 / 1 dated 30/6/2000 and the judge issued to halt temporarily for a month with the deprivation of each fare, which reached him on 15 / 4 / 2000, to the fact that this decision violated the law when it stated that the disciplinary board meeting held on 08.03.2000 has been taken against the crossbar of the death and arrest the said case that the authority of this Council limited to advisory role after studying the proposal and file the appropriate punishment, and that the challenged decision the abolition of non-existent reasoning as the only source to take the contested decision, without giving reasons for the administration to take a decision and without the actions taken before its release as well as being characterized by arbitrary use of authority to the lack of relevance of the contested decision of revocation of objective conditions that represent a calamity, especially as the requirements of Chapter 66 of the Public Service Act provides for penalties by multiple deprivation and the temporary suspension of the monthly salary based on the requesting all of the cancellation of her article in the contested decision.
II: Procedures
Where, after the Report a copy of the editorial to the party to be answered Mr. Deputy Judicial him, explaining that the facts of calamity began obtaining shortage in the middle flowers as a result of benefit professor of license satisfactory than that prescribed him to resort to the crew reserves which are available upon on behalf of the Ministry of National Education to fill the vacuum has been assigned contesting doing this subject is important after using the objective criteria linked to seniority and the checkpoint and the point of administrative However, contesting not complied with the decision of its mandate to fill shortfall in question, prompting management to present its case to the attention of the Disciplinary Board, who suggested after you enable the contesting of self-defense to take the death provisional arrest in the right a proposal that has received the blessing of the competent authority, explaining that the appeal is inadmissible because it was on a do not have the features of the administrative decision because the decision is the effective decision on the proposal of the Disciplinary Board dated 28.03.2000 and the decision is against the law for being built on the suggestion of Disciplinary Board, which was adopted by the Minister as evidenced by the signing of Mr. Reza SKU Commissioner to do so and that was contesting the decision of the Minister under the news message subject of the appeal and the decision is tainted with a lack of explanation because the defect management, although not obliged to explain their decisions in the core of the decision affecting the legal status of the involved and who was not subject to any appeal adopted the proposal of the Disciplinary Board, which was reasoned, as well as the fact that the punishment taken against contesting appropriate for the act committed as long as the contesting refused to comply with the instructions of their respective compensation colleague has a license satisfactory has led to obstruction and disruption of the public utility and subject to the loss of students seeking government not to accept the rejection of the appeal form and substance.
And where, after the comments of both parties of what is written in her diary and to consider the case is ordered to give up and inform the parties on the meeting which is 30/1/2001 where he attended the defense of the requesting Party emphasized above, while the failure to be against them, despite arrive were given the floor to Mr. Commissioner Royal proposed rule to accept the application form to the fact that the decision affecting the status of contesting is the one who reached him on 15/4/2000 and the abolition of the contested decision the subject pretense that the death of arrest taken by the Disciplinary Board, which is an advisory body in the absence of quotation on the adoption of the Minister of National Education of the proposal as legally competent to take this course such as the penalty in the case where the court wants is a proposal to research.
Third, reasoning
In Figure
As the administrator has paid not to accept the application form for Oroadh a newsletter.
But as the appeal focused primarily on the decision taken provisional arrest in the disciplinary punishment and the right of contesting the amount it under the letter from the Minister of National Education stated that all payments contained an article focused on the decision to arrest.
And where there is no evidence the file stating Report this decision reached by the contesting this subject is the message.
As it Moreover, if the message was told contesting the existence of the Disciplinary Board's decision taken at the right, they obliged to stop working for a month once the reaching and the need to resume work from the date of completion of the punishment.
As it so be following the letter carrier in the collapse of the administrative decision is influential in the legal status of the piercing, which have the right to appeal and in the contents.
Since this appeal is submitted within the legal time limit specified in the sixty days from the date of the decision reached in accordance with the provisions of Article 23 of the Code of Administrative Courts as long as a communication signed on 15/4/2000 and judicial appeal Registered on 04/20/2000.
And where that in addition to the appeal, the article meets the rest of the formalities which must be accepted form.
On the subject:
While the terms of management is committed to explain their decisions in the core when the disappearance of the text of a legally enforceable and has the full discretion to take an appropriate punishment on condition of hyperbole in which they are bound by the formalities which are required by law to follow the administrative decision and taking into account the competence of each hand.
And where it is coming down in case it is access to the letter number 6338 / 1 above shows that the Minister of Education tells explicitly contesting that the disciplinary board meeting held on 03.08.2000 adopted the provisional arrest of the death their right with the deprivation of all his wages with the exception of family allowances for a period of one month .
As it is known that the right to discipline concerned with the Authority having the right label and the Administrative Committee of the joint meeting, such as the disciplinary action is limited to its role in proposing appropriate penalty against the employee who follow after the referral of the case upon by the authority which has the right to discipline as provided for in the requirements of Chapters 65 and 66 of the Public Service Act.
However, as this means that the decisions of disciplinary staff taken by the authority which has the right of the label is in coming down as Minister of National Education, or delegate to him for that purpose, when authorized by law so that the sufficiency of the latter by informing on the advisory opinion of the disciplinary decision to the death arrest temporary work to be executed without disclosure of the competent authority by issuing its intention expressly in the adoption of this proposal makes the advisory opinion of the said resolution shall take effect and influence on the legal status of piercing despite the issuance of a non-competent note that what is made by the management of the image to the record of the disciplinary board meeting held on 8 / 3 / 2000 and indicated at the bottom to the signing of Mr. Reza SKU behalf of the Minister and the delegation of it does not change a thing, as the latter did not express openly about the adoption of this resolution, but only signed only by going out to several possibilities, which does not reflect the way clear for the adoption of the proposal note that the custom was to create the administrative special form referred to the Disciplinary Board and a proposal to adopt the appropriate officer for this proposal or take a penalty less ... which is not available in coming down the case.
Since it is breach of the contested decision and the sufficiency of these formalities the implementation of a proposed disciplinary board after telling him make the decision flawed and vulnerable to cancellation.
Fourth: The operative
For these reasons
The Administrative Court which requires public elementary and in his presence, to accept the appeal form.
On the subject: to cancel the contested decision the judge to punish Adeeba Ayouch contesting the provisional arrest with the deprivation of all the taxi with the exception of family allowances for a period of one month, with the resulting consequences for the law.
This Judgement in the day, month and year above and following the public meeting held in Fez Administrative Court.
التسميات
education