Referring To the Personnel Affairs Committee Is An Essential Condition for the Validity of Moving Decisions

The Egyptian Center for Economic and Social Rights obtained a decision of the Administrative Court , penalties dept, in the State Council that stresses the judicial principle : To bind administrative bodies to refer moving resolutions, whether the moving is spatially or functionally within the facility , to the personnel affairs committee as an essential condition for the validity of the moving otherwise it is invalid) .

This court decision is a guarantee for the benefit of public workers in the administrative system of the state ,local government units and public bodies from individual arbitrary moving decisions that may be issued by their superiors for allegations of work necessity.

The Egyptian Center for Economic and Social Rights said that the law grants the administrative broad authorities to move staff spatially or functionally for work requirements, but there are many who have misused the authority to penalize public workers in the administrative system of the State ,local units and public bodies without investigation. However, the reason for moving is always a ” work necessity” . We are not addressing an irregularity in which the worker has to be investigated and his account taken, but a decision to abuse the worker which is a misuse of power and a waste of guarantees of the public post.

The Center said that the  moving decisions though have got necessary controls and safeguards such as referring to the competent personnel affairs committee and that the new post must be equivalent to the former one , yet  they need to be activated, and anyone who ignores those safeguards must be punished.  The employee is exposed to great harm as a result of implementation of the decision immediately after issuance. Annulling the moving decision  may take up to 3 years in court,  while being illegally forced to work in another post or in another location for 2 or 3 years , even if the verdict is in his favor.

The case taken by the Centre is about a decision issued by the Director of the general authority for health insurance to move  Zaki Mohamed Farid Zaki , and engineer, from the post of chief engineer with the rank of director general, assistant director, technical information center” to the general administration of projects without a job. Zaki disclosed corruption in 2009 and reported to  the competent authorities to investigate, but a moving decision was issued under the pretext of work requirements.

The Egyptian Center for Economic and Social Rights took defense in the case of Mr. Zaki, appeal # 21,981/ jy63. An administrative court ruling was issued to cancel the moving decision.