Proportionality of Civil Servant Dismissal Amid Mitigating Circumstances

The Federal Administrative Court admitted the defendant's appeal on points of law, determining that the legal issue carries fundamental significance; consequently, the prior judgment is effectively suspended pending further review, with no final substantive decision on the merits rendered in this procedural order. The dispute centers on the disciplinary dismissal of a public servant, specifically challenging whether removal from civil service status is a proportionate response to the misconduct in question. The decisive legal basis involves the requirements for disciplinary sanctioning under § 13 Abs. 1 Satz 2 bis 4 of the Federal Civil Service Act (BDG) and the provisions governing appeals in fundamental cases under § 132 Abs. 2 Nr. 1 VwGO and § 69 BDG, with the court focusing on the conditions under which removal remains viable despite the existence of recognized mitigating circumstances.