Civil Servant Dismissal Review: Proportionality of Disciplinary Sanction

A civil servant, having been dismissed for gross misconduct following disciplinary proceedings that resulted in a final warning, challenged the administrative decision before the administrative courts, arguing that the disciplinary measure taken was disproportionate to the gravity of the proven facts. The court of last resort rejected the appeal, upholding the lower court's finding that the administrative authority, acting within its discretionary power regarding disciplinary sanctions, had adequately demonstrated that the facts of misconduct, which involved a serious breach of professional duty, justified the severity of the dismissal, and thus the decision was not subject to judicial review on grounds of manifest error or abuse of power.