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Misconduct; initiation of disciplinary proceedings

Disciplinary law serves to maintain the functionality and integrity of the public administration. It regulates the requirements for misconduct, its investigation and punishment.

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Procedure details

The official duties of civil servants arise in particular from the Civil Service Status Act (BeamtStG) and the Bavarian Civil Service Act (BayBG). If the duties incumbent upon them are culpably violated, an official offense is committed (§ 47 para. 1 sentence 1 BeamtStG). Off-duty conduct can also be relevant under disciplinary law. As a rule, committing a criminal offense also constitutes an official misconduct. Pursuant to Section 49 (1) sentence 1 BeamtStG and No. 15 of the Order on Notifications in Criminal Matters (MiStra), the criminal prosecution authorities are obliged to inform the employer in criminal proceedings against civil servants in order to ensure that the necessary measures under employment law are taken.

In addition to the factual violation of official duties, an official misconduct requires culpable (i.e. at least negligent) action. The employer can impose a reprimand, fine, reduction in pay or pension as disciplinary measures. Demotion or removal from civil servant status or withdrawal of pension can only be ordered by an administrative court after disciplinary action has been brought.

In addition to disciplinary and criminal sanctions for official misconduct, breaches of office or official duty can also give rise to civil liability. According to Section 48 BeamtStG, civil servants may be liable for damages if the employer has suffered financial loss as a result of intent or gross negligence. Recourse is also permissible in the event of injury to third parties if an official duty to a third party was breached intentionally or through gross negligence in the exercise of the entrusted public office and the employer has paid compensation for this on the basis of Section 839 (1) BGB in conjunction with Article 34 sentence 1 GG.

The disciplinary powers are exercised by the superior and the disciplinary authorities, unless the administrative courts have jurisdiction (Art. 18 Para. 1 BayDG). As a rule, the superior is the head of the respective employment authority.

The competent disciplinary authorities for civil servants and judges of the Free State of Bavaria are set out in Sections 28 to 31 of the Competence Ordinance of June 16, 2015. The disciplinary authorities are

  • the Munich Police Headquarters for the personnel of the State Office for the Protection of the Constitution, the Police Presidia, the State Office of Criminal Investigation, the Police Administration Office and the departments subordinate to these authorities
  • the Public Prosecutor General's Offices for the area of responsibility of the State Ministry of Justice
  • the State Tax Office for the area of responsibility of the State Ministry of Finance and Home Affairs
  • otherwise the Bavarian State Public Prosecutor's Office, i.e. in particular also for the areas of responsibility of
    • State Chancellery,
    • State Ministry of the Interior, for Sport and Integration,
    • State Ministry of Housing, Building and Transport,
    • State Ministry for Education and Culture,
    • State Ministry for Science and the Arts,
    • State Ministry for Economic Affairs, Regional Development and Energy,
    • State Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection,
    • State Ministry for Health, Care and Prevention,
    • State Ministry of Food, Agriculture, Forestry and Tourism,
    • State Ministry for Family, Labor and Social Affairs,
    • State Ministry for Digital Affairs.

Commitment of an official offense by a civil servant.

In the event of suspected misconduct, superiors or the disciplinary authorities are obliged to initiate disciplinary proceedings and conduct the necessary investigations in accordance with Art. 19 para. 1 sentence 1 BayDG. Supervisors or disciplinary authorities shall inform each other of the initiation of disciplinary proceedings.

Reprimands or fines may be imposed by the superior. The disciplinary authority is authorized to impose a reduction in salary or pension. A disciplinary action must be brought before the administrative courts for demotion or removal from civil servant status or the withdrawal of a pension.

According to Art. 4 BayDG, disciplinary proceedings are to be conducted in an expedited manner. The expedited conduct of disciplinary proceedings is in the interests of the administration, the public and the civil servant concerned. However, disciplinary proceedings must generally be suspended in accordance with Art. 24 Para. 1 Sentence 1 BayDG as long as criminal proceedings are being conducted on the same facts.

The legal remedy depends on the measure (e.g. administrative court action).

Status: 14.02.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Finanzen und für Heimat
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