Methodology and Controls of Administrative Investigation

Abstract

The administrative investigation is considered the administration's path of determine disciplinary responsibility to its employees through the legally prescribed procedures and as well as it is the opportunity that given to the employee to present his defenses, prove his innocence and deny the accusations against him. This study aims at demonstrating of methodology and the disciplines of administrative investigation as well as the disciplinary guarantees that have been legislated by the Iraqi legislator for the employee in the process of administrative investigation. The study adopts the analytical approach of law materials and texts of Iraqi disciplinary law regarding employees of public sector no.14, 1991. As well as to highlight the concept of the administrative investigation and to demonstrate the competent authorities that stipulated by the modified employee’s disciplinary law and the public sector of no.14, 1991 and to examine the role of the competent authorities. The study concludes that there is a deficiency in the law of discipline for state employees and the public sector in covering all aspects of administrative investigation procedures and a deficiency in addressing many problems of administrative investigation which requires the need to organize the administrative investigation procedures in a precise manner especially with regard to the investigator's powers. As well as the need to stipulate that the administration notify the employee of the charges against him before the investigation as well as stipulating the employee's right to review his personal file and hear witnesses in the administrative investigation and stipulating the formation of investigative committees in accordance with the position of the employee accused of disciplinary action in order to achieve the fairness of the disciplinary matter and to confirm the legitimacy of the administrative investigation.