Kuwait Court of Cassation principle number 367

The jurisdiction of the Administrative Circuit of the Court of First Instance over an application to annul an administrative decision transferring an employee. Its condition. - An administrative transfer decision issued with the intention of serving the public interest and ensuring the proper functioning of the administration. It falls within the administration’s discretionary authority and is outside judicial jurisdiction. A transfer decision involving a disguised disciplinary penalty. Tainted by the defect of violation of the law. - The conjunction of a transfer with a penalty imposed on the employee is not evidence that the transfer involves a disguised penalty.