Civil Servant Dismissal for Refusal to Execute Unlawful Order

A civil servant, dismissed from their position for refusing to follow an administrative order they deemed contrary to law, challenged the dismissal, arguing that the established jurisprudence allowed employees to contest the legality of superior orders before deciding whether to execute them. The court rejected the appeal, affirming that while administrative jurisprudence permits challenging manifest illegality, the refusal to execute an order solely because the employee subjectively believes it to be unlawful constitutes misconduct justifying disciplinary sanction, as the civil servant's duty is to execute lawful orders unless the illegality is flagrant and obvious.