Kuwait Court of Cassation principle number 926

Jurisdiction of the Administrative Circuit in the field of applications for annulment of administrative decisions concerning civilian employees. Its limitation to applications for annulment of decisions concerning appointment, promotion, termination of service, or imposition of disciplinary penalties. - Applications for annulment of decisions seconding and transferring employees. The Administrative Circuit lacks jurisdiction over them unless they involve a disguised penalty within that Circuit's jurisdiction. - An employee has no right to remain in a particular work position, even if he alleges that he gains particular experience from it that is unavailable in the position to which he will be transferred. Reason therefor. It is a general legal status that may be changed at any time, and the administration has discretionary power to decide this without review so long as the transfer serves a public interest and is not tainted by abuse or misuse of power, or involves demoting the employee to a position of a lower grade or rank, or other matters whereby the transfer conceals a disciplinary penalty. The nature of the transfer decision is not altered by its following an investigation into errors attributed to the employee, whether he was found guilty of them or not. - Determining whether a transfer decision includes a penalty. A matter for the court of merits. Its condition. Its finding that it is not a disciplinary penalty. Its effect. It must rule that it lacks jurisdiction.