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Restoration to the previous situation after the annulment of the final conviction judgements of the employees administrative offenses trial boards
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Mohammad Nekouee *   , Ebrahim Khanzadeh |
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Abstract: (1523 Views) |
| In case of annulment of the judgements of the administrative offenses trial boards by the administrative Justice Court or the Supreme Supervisory board, In order to prevent the violation of employee rights, the execution of the annulled judgement must be stopped. After the issuance of a new judgement, if the accused is acquitted, all effects of the previous judgement will be removed and the employee will be in a position before the execution of the judgement and in penalties such as expulsion and dismissal from service the period of unemployment will be considered as part of the employee's service history and the salary of that period will be paid. In the event of a conviction of an employee, the effects of the previous judgement are generally annulled and the punishment prescribed in the new judgement must be applied.the findings of this study show that in cases of change or reduction of punishment in the new judgement and despite the need to restore the previous status, there are ambiguities about the conditions and how to remove the full effect of the previous judgement, including how to count the period of unemployment as service and pay these days. Given the importance and impact of restoring the former status in the administrative and social position of the employee, the main question of the research is dedicated to the conditions and how to restore the former status of the employee after the annulment of the judgements of the administrative offenses trial boards. Accordingly, in the present study, the conditions and manner of restoration to the previous situation due to the annulment of the final judgements of the administrative offenses trial boards by the the administrative justice court and the the Supreme Supervisory board, using library and documentary sources and descriptive-analytical method are expressed. |
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| Keywords: annulment of the judgement, restoration to the previous situation, administrative offenses trial boards, the administrative justice court, the Supreme Supervisory board.
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Type of Study: Research |
Subject:
Special
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