Kuwait Court of Cassation principle number 446

Administrative adjudication is adjudication of legality. Its effect. Extending its review to the lawfulness of the administrative decision, identifying its elements and the extent to which it rests soundly on foundations derived from elements established in the case papers and leading to the conclusion reached. - Reviewing the grounds for issuing an administrative decision in terms of its validity. Within the power of the court of merits. The condition for this. - The legal characterization and description of an administrative decision and the conformity of its grounds with the law. Questions of law subject to review by - 116 - Administrative the Court of Cassation. - The administrative authority's establishment of general organizational rules aimed at achieving discipline at work, encompassing this in a circular concerning the attendance system in accordance with the computer system, including use of an attendance card upon arrival and departure while granting the employee a grace period. Establishment of the employee's failure to record the time of arrival at work on various days while recording the time of departure, exceeding the grace period granted. Its effect. The administrative authority deducts from the employee's salary for lateness. Repetition of the violation by the employee in breach of Articles 24, 27 and 28 of the Decree-Law concerning the Civil Service. Referral for investigation followed by imposition of a penalty. This does not constitute punishment by imposing the penalty twice.