Civil Servant Wrongful Dismissal Appeal Regarding Procedural Flaw (Absence of Medical Opinion)

A civil servant sued their employer, claiming they were wrongfully dismissed following a disciplinary investigation that resulted in the revocation of their employment contract, arguing the investigation procedures were flawed due to the absence of a required medical expert's opinion during the deliberation phase. The Court of Cassation rejected the appeal, reasoning that while procedural formalities must be respected, the absence of the medical opinion during the deliberation stage did not constitute a nullifying defect because the underlying factual basis for the dismissal was established through other evidence, and the alleged procedural error did not deprive the employee of the opportunity to present their defense or affect the outcome of the disciplinary sanction based on established professional misconduct.