Kuwait Court of Cassation principle number 820

Promotion by selection. The administration’s power in this regard is not unrestricted; rather, the legislature has subjected it to several restrictions, namely that it originate from the Personnel Affairs Committee, which submits its proposal in this regard to the competent authority for approval, amendment, or rejection, and has conferred finality upon its decisions. Necessary consequence. If promotion by selection does not pass through this committee and follow the procedures prescribed by law, the selection is vitiated and, consequently, so is the decision taken on its basis. - The ministry’s clothing a promotion in the guise of a transfer. Does not alter its true nature as a promotion decision. Failure of the promotion proposal to originate from the Personnel Affairs Committee and to be submitted to the competent authority for approval, amendment, or rejection. Effect. Its decision is without effect because it was issued contrary to the controls laid down by the legislature. The challenged judgment’s conclusion that the contested decision constitutes a promotion and that the person whose promotion is challenged is more entitled than the appellant, despite the decision not having passed through the Personnel Affairs Committee. An error requiring its cassation. - 249 - Administrative