Analysis of Judgments and Orders of the Supreme Administrative Court in the Case of Ruling Orders of Punishment on Employees in Higher Education Institutions to Examine Whether the Ruling is an Administrative Order or as an Exercise of Rights as stated in the Administrative Contract

Abstract

This research aims to study the concepts, rationale for the court’s decision, and principles of law pertaining to the ruling orders of punishment on employees in higher education institutions to examine whether the ruling is an administrative order or an exercise of rights as stated in the administrative contract, and to analyze the differences between the orders of punishment affecting the institutions and their employees. Suggestions and guidelines for issuing orders of punishment on employees in higher education institutions were also provided. Qualitative research method focusing on documentary research including acts, ministerial regulations, judgments and related administrative orders was implemented and content analysis method was employed to analyze and categorize the data obtained. The research results were as follows: First, the concepts of the court’s ruling on the nature of the case included taking into consideration the initiation of proceedings as the reasonable cause for issuing order imposing punishment, the defendant's claim in the initiation of proceedings whether it is the use of powers according to the Internal Law or claims under the employment contract of employees in higher education institutions, and the nature of administrative orders and administrative contracts. Second, the differences in the Administrative Court’s decisions in ruling orders of punishment on employees in higher education institutions directly affected the rights of the employees since confusion might occur during the disciplinary procedures and the process before filing a lawsuit, and the higher education institutions shall be affected when issuing legal orders. Finally, as the guidelines for issuing orders of punishment for employees, it is recommended that the disciplinary procedures are adhered to following the fundamental rights as specified by law