Kuwait Court of Cassation principle number 223

The administrative authority may refer an employee to retirement whenever he would be entitled to a retirement pension if his service were terminated by resignation at the time of such referral. The condition for this: the motive for the decision must be the pursuit of a public interest, and it must rest on a ground justifying it in fact and law. It is one of the constituent elements of its formation. The implication thereof. - The administration is not required to state reasons for its decisions except where the law so requires. A decision for which reasons are not stated. It is presumed to rest on its proper ground. Whoever alleges otherwise must establish proof thereof. Stating new reasons for it. Their subjection to review by the administrative judiciary. - The activity of the administrative judiciary in weighing administrative decisions. The limit and effect thereof. Its right to examine the facts upon which the decision was based to ascertain its conformity with the law. - Argument on the merits. It may not be raised before the Court of Cassation. An example.