Article 17 of the Saudi Law of Procedure before the Board of Grievances
المادة 17 من نظام المرافعات أمام ديوان المظالم · الباب الثالث: النظر في الدعوى والحكم فيها
In a disciplinary case, the employee may attend sessions himself or appoint an agent and defend in writing or orally; the court may question him, and if he does not attend after notification it proceeds and its judgment is treated as in his presence.
Official text (Arabic)
This article has not been amended since the law was issued.
للموظف في الدعوى التأديبية أن يحضر الجلسات بنفسه ، أو أن يوكل عنه. وللمحكمة أن تقرر حضوره بشخصه واستجوابه، ولـه أن يبدي دفاعه كتابة أو مشافهة. وإن لم يحضر هو - أو وكيلـه - بعد إبلاغه، فعلى المحكمة أن تمضي في إجراءات الدعوى، ويعد حكمها في هذه الحالة حضورياً.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 17 explained in plain English
This article regulates the employee's attendance and defense in a disciplinary case.
The employee's rights:
- To attend the sessions himself, or to appoint an agent to attend for him.
- To present his defense in writing or orally.
The court's power: The court may decide that the employee must attend in person and be questioned, even if he has appointed someone else.
The effect of absence: If the employee or his agent does not attend after he is notified, the court must proceed with the case, and its judgment in that case is treated as in his presence. The condition for proceeding is therefore that the employee has been notified.
Note that this article permits the employee an oral defense as a right, whereas Article 10 makes pleadings written as a rule, with oral submissions at the circuit's discretion. Treating the judgment as in his presence here is also similar to what Article 16 provides in treating the proceedings as in the parties' presence.
The practical lesson for the employee is that ignoring the notification does not stop the trial. It is better to attend or appoint someone to defend him, and he may seek the help of a lawyer specializing in administrative cases before the Board of Grievances.
Practical example
A disciplinary case was filed against an employee of a government body in Makkah, and he was notified of the session date. He appointed a lawyer to attend for him and submitted a written defense, but the court decided that he must attend in person to be questioned. Had neither he nor his agent attended after notification, the court would have proceeded with the case and its judgment would have been treated as in his presence.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 17 of the Saudi Law of Procedure before the Board of Grievances
May the employee appoint a lawyer in a disciplinary case?
Yes. The employee may attend the sessions himself or appoint someone to attend for him.
Can the court require the employee to attend?
The court may decide that he must attend in person and be questioned.
What happens if the employee does not attend the disciplinary trial?
If neither he nor his agent attends after he is notified, the court proceeds with the case and its judgment is treated as in his presence.
More articles on Disciplinary Case
- Article 7
A disciplinary case is filed by lodging its statement and all the investigation papers with the competent court. The statement contains the employee's details, the violation, its place, its evidence and the statutory provisions to be applied.
ترفع الدعوى التأديبية بإيداع صحيفتها وجميع أوراق التحقيق لدى المحكمة المختصة. ويجب أن تتضمن الصحيفة اسم الموظف، وصفته، ومقر عمله، والمخالفة المنسوبة إليه، ومكان
- Article 23
The court rules on the facts in the disciplinary statement of claim and may return the case papers to the prosecuting authority to investigate facts not in it, or other employees, if the papers contain such matters.
تفصل المحكمة في الوقائع التي وردت في صحيفة الدعوى التأديبية، ويجوز لها - من تلقاء نفسها أو بناءً على طلب جهة الادعاء - إعادة أوراق القضية إليها للتحقيق في وقائع
- Article 24
If the disciplinary court sees that a fact constitutes an offense, it refers it to the competent authority and rules on the case, unless its judgment depends on the criminal case, in which case it suspends the case until that is decided.
إذا رأت المحكمة التي تنظر دعوى تأديبية أن الواقعة التي وردت في صحيفة الدعوى أو غيرها من الوقائع التي تضمنها التحقيق تشكل جريمة، أحالتها إلى الجهة المختصة لاتخاذ
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.