122k views
4 votes
When can administrative disciplinary penalties be set aside

User Drmaa
by
8.6k points

1 Answer

3 votes

Final answer:

Administrative disciplinary penalties can be set aside if there are due process violations, disproportionate penalties, new evidence, or if there was an abuse of discretion by the authority.

Step-by-step explanation:

Administrative disciplinary penalties may be set aside in several scenarios. These typically occur when the punishment is found to be non-compliant with existing laws or regulations. For instance, if the process in which the penalty was determined lacked due process, including the individual's right to a fair hearing, or if the penalty is disproportionate to the offense committed. Furthermore, administrative penalties might be overturned if there is new evidence that significantly alters the situation or if there was a clear abuse of discretion by the decision-making authority. It is essential for administrative bodies to adhere to principles of natural justice and procedural fairness to ensure penalties are imposed justly and can withstand legal scrutiny.

User Handloomweaver
by
7.6k points