Civil Servant Termination Based on Personal Animus: Abuse of Power in Administrative Decision-Making

A civil servant, whose employment contract was terminated following a decision by the administrative authority, challenged the termination, arguing that the decision was based on motives unrelated to the requirements of the service, such as personal resentment, and that this constituted an abuse of power. The court of cassation quashed the lower court's decision, reasoning that if the administrative authority's decision, while seemingly within its discretionary power, is demonstrably based on motives foreign to the public interest or characterized by an abuse of power, such as personal animosity, the decision lacks the requisite legal basis and must be annulled.