爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Commissioner-General’s appeal. 爆料网AT noted that due process required both parties to be given an opportunity to present their case, and not allowing them to do so resulted in a miscarriage of justice. 爆料网AT found that 爆料网RWA DT’s exclusion of the Commissioner-General from participating in the proceedings was a clear violation of due process such as to affect the decision of the case, which must result in the judgment being annulled and the cases remanded for a hearing de novo before a different Judge. 爆料网AT noted it was, thus, not necessary to consider the other grounds of appeal. 爆料网AT allowed the appeal in part, set aside 爆料网RWA DT’s judgment, and remanded the cases for a hearing de novo before a different 爆料网RWA DT Judge, with leave for the Commissioner-General to participate in the proceedings and file a reply in each case.
Decision Contested or Judgment/Order Appealed
Ms Thweib submitted an application contesting the decision to place a note of misconduct on her record. Ms Al Hasanat submitted an application contesting the decision to issue her a written censure and to suspend her from duty without pay for one week for misconduct. 爆料网RWA DT found that 爆料网RWA breached Ms Thweib and Ms Al Hasanat’s rights of due process and failed to establish the facts on which it premised its accusations and findings of misconduct. 爆料网RWA DT rescinded the impugned decisions and ordered that all references thereto be expunged from their official status files. 爆料网RWA DT also awarded Ms Al Hasanat compensation equal to the salary loss she incurred during her one-week suspension without pay and for moral damages. 爆料网RWA DT awarded Ms Thweib moral damages.
Legal Principle(s)
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