Legal analysis of the penalty of dismissal in the administrative violations law

Clauses (y) and (k) under Article 9 of the Administrative Violations Law approved in 1372 foresee the punishment of dismissal from the relevant institution and permanent separation from government services as the most severe administrative punishments, but the conditions for applying these two punishments are not clear in the law. The uncertainty that exists in this regard is whether the boards for handling administrative violations can first impose the punishment of dismissal of the offending employee on the resident or only in the absence of the conditions stipulated in clauses (h) and (i) under Article 9 of the aforementioned law. Upon redemption and retirement, if they have the desired service record, dismissal is applied as the last resort to punish the offender. It seems that considering the very negative effects of dismissal on the life of the employee and his dependents and considering the principles and goals governing the application of punishment and compliance with the principles of fair proceedings, the punishment of redemption or retirement should be applied instead of the punishment of dismissal with the principles And the legal logic and purposes of punishment are more consistent.