Title: Unlawful Dismissal of Police Academy Lecturer Overturned
In an unexpected turn of events, the Higher Administrative Court in North Rhine-Westphalia has declared the dismissal of a lecturer from the NRW Police University as unlawful. This decision, which cannot be appealed, was announced on December 15, 20XX (Ref.: 6 B 1034/23).
Initially, the state had sought to uphold the dismissal, following a decision by the lower court in Gelsenkirchen. The court had previously considered the lecturer, Bahar Aslan, to be in the right. However, the Higher Administrative Court deemed that the state's reliance on additional, irrelevant circumstances to justify the dismissal was erroneous.
The court stated that a secondary employment permit was not required for the teaching assignment, rendering the state's justification for the withdrawal of Aslan's position invalid. Moreover, the presence of threats to the university wasn't a grounds for withdrawal, a point echoed by the Gelsenkirchen court earlier.
The controversy arose following a controversial tweet by Aslan, which read, "Now, I get palpitations whenever I or my friends are stopped by the police because all the brown filth within the security authorities scares us. This is not just my reality, but that of many people in this country."
This decision serves as a reminder of the importance of due process and clearly defined administrative procedures in high-stakes cases like these. While the specifics of this case remain unclear, it highlights the potential consequences of relying on non-relevant circumstances to justify dismissals.
Enrichment insight: The dismissal of Bahar Aslan may have violated due process, discrimination, and lack of justification principles. Specifically, if the dismissal process did not follow proper administrative procedures, if Aslan was dismissed based on discriminatory grounds, if the reasons for dismissal were unjustified, or if the police academy failed to properly address allegations of misconduct, these could all potentially contribute to an unlawful dismissal.
