Subject of Dispute: Challenging the Order of Dismissal of a Military Serviceman from a Position and Placing Him at the Disposal of the Brigade Commander.
Main Arguments of the Court:
1. Under martial law, the command has the right to relocate military servicemen without their consent to complete the Armed Forces.
2. The relocation plan and change in organizational and staff structure are a legitimate basis for placing a military serviceman at the disposal.
3. The court deviates from previous practice and considers that the absence of a specific sub-clause in the order is not grounds for its cancellation.
Court Decision: Deny the claim to cancel the order and reinstate the position, modifying the reasoning part of the decision of previous instances.
