Even after disciplinary proceedings have been concluded, the employer may order a probationary period and block the civil servant concerned from promotion. This is the result of a decision by the Saarlouis Higher Administrative Court (OVG) (Ref.: 1 B 175/25 dated 6 January 2026).

In this case, a fire officer, who had also been responsible for recording working hours as an administrator, had manipulated working hours for over three years. Shortly before the conclusion of the disciplinary proceedings, which in the opinion of the person concerned had been dragged out by the employer, the fire officer applied for a position, which was filled by another applicant. He took legal action against this - but without success.

According to the court, Article 33(2) of the Basic Law, which states that every German has equal access to public office on the basis of their suitability, ability and professional performance, allows the employer to have doubts about the applicant's suitability of character even after disciplinary proceedings have been concluded and to order a probationary period. The standard grants the employer broad discretion in this respect. According to the court, this does not change the fact that the employer - as in the present case - culpably delayed the disciplinary proceedings itself.