Abstract

This study deals with the issue relating to dismissal of a court bailiff from his position as a result of his having caused a financial shortage, consisting in spending the funds subject to documentation for activities inconsistent with their intended use, in the amount exceeding PLN 15,000, regulated in Art. 19 (1) (3) of the Bailiffs Act. In the author's opinion, the interpretation of the above-mentioned provision leads to the conclusion that the dismissal of a bailiff from his position for the above-mentioned reason is possible only when the bailiff causes a financial shortage as a result of deliberate misconduct, with direct or indirect intent. The determination, in the course of administrative proceedings regarding the dismissal of the bailiff from his position, that the financial shortage has been caused unintentionally should result in issuing a negative decision.