Kuwait Court of Cassation principle number 444

Characterization of the administration’s act. The determining consideration therein. Its substance and purpose, not the wording and form of the act. - Drawing attention is not among the disciplinary penalties which the legislator took care to specify exhaustively - 115 - Administrative in Articles 28 of Decree-Law 15 of 1979 concerning the Civil Service and 60 of the Decree concerning the Civil Service System issued on 4/4/1979. - A disciplinary penalty. Its nature. It is that by which the administrative superior intends to stigmatize the employee’s conduct as wrongful. The necessary implication thereof. The administrative superior’s directing an attention-drawing measure to the employee involves censuring his conduct and stigmatizing it as wrongful, unless the circumstances disclose that the administrative superior’s intention was directed towards imposing a penalty. - The administration’s aim through the challenged decision to condemn the female appellant’s conduct and its desire to punish her for the violations attributed to her concerning which an investigation was conducted. An administrative decision containing a disciplinary penalty, even if the administration clothed it in another designation different from those exhaustively specified by the legislator. The judgment’s conclusion that this decision was not an administrative decision and that the action seeking its annulment was inadmissible. An error in the application of the law requiring its partial cassation.