The difference between the types of penalties, such as "dismissal from office" and "dismissal"
To apply such a penalty as dismissal from office, it is sufficient to establish the fact of a disciplinary offense. Whereas dismissal, as a penalty for committing a disciplinary offense, can be applied only on the grounds provided for in article 80 of the Law "On Law Enforcement Service".
Dismissal from office by way of disciplinary action is the basis for placing an employee at the disposal of a law enforcement agency. In turn, the refusal to take up the proposed position and the expiration of the period of stay at the disposal of a law enforcement agency, by virtue of subparagraph 17) of paragraph 1 of Article 80 of the Law "On Law Enforcement Service" is an independent basis for the dismissal of an employee.
Zh. He served in the State Institution "Police Department for Transport of the Ministry of Internal Affairs of the Republic of Kazakhstan" as head of the linear Department of Internal Affairs at Uralsk station.On October 1, 2020, the Department's own security department received material on the fact of illegal actions of Department employees, and the fact of a veiled conversation between Zh. with the Deputy Head of the Department for Operational Work about the possible amount of money for appointment to a senior position in one of the operational divisions of the Department's office.
By Order dated January 18, 2021, J. He was relieved of his post and left at the disposal of the Department.In satisfying Zh.'s claim for cancellation of the order and reinstatement, the Saryarkinsky District Court of Nur-Sultan (decision of May 19, 2021) proceeded from the fact that Zh. He has not committed any of the disciplinary offences contained in the list of gross violations of official discipline in paragraph 14 of Rules No. 246.
However, the court did not take into account that these Rules refer to the procedure for excluding employees who have stopped serving in law enforcement agencies. Whereas it follows from the order of January 18, 2021, that J. He was relieved of his post and left at the disposal of the Department.
By a decision of the judicial board for civil cases of the Nur-Sultan City Court dated August 25, 2021, the court's decision was overturned, and a new decision was issued in the case, which satisfied the claim of J. refused.
By the decision of the judge of the Supreme Court dated February 14, 2022, the transfer of the petition for cassation review of the decision of the appellate instance was refused.
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