The Federal Supreme Court, on Thursday, affirmed the government's authority to dismiss general managers, stating that the Cabinet has the right to remove those proven incompetent. The court's decision followed a request from the Prime Minister for an interpretation of
clauses (First and Fifth) of Article (80) of the Constitution, pertaining to the Cabinet's powers in dismissing general managers and recommending the removal of special degree holders. The ruling confirmed that "the Council of Ministers, within its constitutional jurisdiction, has
the authority to dismiss general managers found incompetent or unfit to continue in their posts." The decision clarified that "Legislative Resolution No. (880) of 1988 does not preclude the exercise of this authority in cases not specifically regulated by it."
It also indicated that "the Council of Ministers may recommend to the Parliament the dismissal of special degree holders and all those encompassed by clause (Fifth) of Article (80), provided the Parliament exercises its approval power in accordance with the
Constitution and the law." The court stressed that "the power of dismissal is not absolute, but subject to the principle of legality and the legal guarantees for public employees. It must be exercised to serve public interest and ensure efficient
operation of public facilities," cautioning against "using dismissal in a way that bypasses legal guarantees and procedures." It further underscored the importance of "avoiding dual employment or burdening the public treasury with undue financial costs without legal basis."
