Par Editorial Hauts-de-Seine
Published on Oct 1, 23 at 6:40 a.m. See my news Follow News Paris The executive had notably put dishwashing liquid in the condiments used by her colleges (©Illustration/AdobeStock)
The Paris Administrative Court of Appeal disavowed a old frame of the Regional Directorate for Business, Competition, Consumption and Employment (DIRECT) d’Île-de-France, who had been transferred following the “malicious acts” that she had committed at her workplace in Malakoff (Hauts-de-Seine).
Dishwashing liquid in condiments
This deputy director was initially appointed as head of the Hauts-de-Seine control unit in Nanterre in September 2018, but she was asked to continue to carry out her duties in Malakoff “on an interim basis”.
The applicant was finally heard “in a context where, for several months, various malicious acts had been committed on the Malakoff site”, relates the court in a judgment dated June 30, 2023 which has just been made public.
She then “admitted to having stolen on Saturday September 29, 2018 a sum of 20 euros from a collection envelope located in a closed office”, but also “poured dishwashing liquid into condiments available to the service agents”… A hand -current, then a formal complaint, were then filed by DIRECCTE.
No procedural irregularity
The Minister of Labor therefore issued an order on January 21, 2019 to record his “official transfer” to another service, namely that of “hierarchical appeals” in Nanterre. The official then appealed to the Montreuil administrative court, but it disavowed her in February 2021. She therefore appealed the judgment on April 8, 2021.
In its judgment, the Paris Administrative Court of Appeal begins by ruling out any procedural defect in the decision-making process: the applicant was indeed provided with “communication of all the documents she was entitled to obtain” and was not “deprived of one of the guarantees of the disciplinary procedure”, she underlines.
The manager also contested the regularity of the procedure in that her “written observations” sent on January 10, 2019 had “not been communicated to the members of the disciplinary council” before it was held on the following January 16.
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But “Mrs. Moreover, “no text” imposes “the prior communication of the civil servant’s written observations to the members of the disciplinary council”, recall the magistrates.
Union leaflets denounced his actions
Basically, the civil servant considered that this automatic transfer to the “hierarchical appeals department” of Nanterre in fact constituted a “disguised sanction”: she found herself “deprived of the management functions that she exercised”.
But “such a decision is only likely to conceal a sanction to the extent that its adoption stems from the intention of the administrative authority to sanction the agent”, recalls this time the Paris Administrative Court of Appeal.
However in this case “the acts committed by Ms. of the person concerned as the absence of sanction on this date”, note the Parisian judges.
“The person concerned herself admitted the difficulty in resuming her duties in the Nanterre control unit,” they observe. They deduce from this that this automatic transfer was indeed “taken in the interest of the service” and “in that of the applicant”, and that it therefore did not stem from “any repressive intention”.
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