Answer: Yes, it can.
According to the established practice of the Federal Supreme Court and the principles of administrative law, any disciplinary decision must be based on a legitimate cause (ركن السبب) and be proportionate to the gravity of the violation. Article 167(5) of Federal Decree-Law No. 42 of 2022 on the Administrative Procedure explicitly states that new claims cannot be introduced at the appeal stage; however, the court is entitled to assess the legality of the decision based on the proportionality of the sanction and the purpose of disciplinary action.
In Administrative Appeal No. 108 of 2025, the Court held:
- A disciplinary sanction must be supported by facts that demonstrate the seriousness of the misconduct.
- Dismissal is permissible only for particularly serious misconduct or where the employee cannot be reformed.
- Imposing dismissal for a minor violation (e.g., manipulating an access card to enter the building) constitutes excessive severity and violates the principle of fairness.
- The Court overturned the dismissal,...