College of Law

((Administrative withdrawal, judicial cancellation, and administrative cancellation)),,,
Three terms with different meanings and effects. Administrative withdrawal takes place through the administration and goes back to the moment the administrative decision is issued. Withdrawing a reprimand penalty, for example, takes it back to the same time it was issued and makes it and its nonexistence equal, which is the same as what results from judicial annulment or what is called annulment. However, this matter is completely different from The administrative cancellation issued by the administration is considered effective from the date of issuance of the decision and into the future, that is, it does not apply retroactively. Accordingly, every disciplinary penalty that is administratively withdrawn or judicially canceled must not be mentioned in the employee’s CV despite its presence in the public employee’s file, on the basis that it was canceled retroactively. From the moment of its issuance, it became nonexistent by the force of law. However, this does not apply to administrative revocation, as it does not refer to the past. That is, the disciplinary penalty remains within the public employee’s file and CV. This is the rule of law. However, in practical reality, all disciplinary penalties are mentioned in the employee’s CV. This is what we do not support, and we share the opinion of the legal studies that recommended the necessity of removing the disciplinary penalty from the employee’s file and from his CV, similar to what is done in Egyptian law, after a specific period of time, so that it is not an obstacle to him assuming administrative positions in the future. Moreover, it is required to remove The disciplinary penalty from the public employee’s file is as follows:
1. This punishment should be a light punishment such as probation, warning, or suspension of salary.
2. The violation must be of a purely administrative nature, meaning that it does not represent a crime committed by the employee because this matter falls within the framework of another legal system.
3. An administrative order may be issued to remove it from the file of the punished employee after canceling or withdrawing it, based on the cancellation or withdrawal decision.
4. It should be kept in a special file for the Human Resources Division in each department that is specific to the penalties for which an administrative order was issued to cancel or withdraw them and which were removed from the employee’s file for the purpose of keeping them as evidence for the public employee in canceling or withdrawing them and so that the same violation for the same reason is not raised against him in the future.
Assistant Professor Dr
Ahmed Mahmoud Al-Rubaie
Public law branch
collage of rights
University of Al Mosul .