Cassation principles Administrative Law
Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,339 available principles
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Principle 1096The Government's obligation to pay a social allowance and a children's allowance to persons practising professions and trades and to those working in all entities, and the Council of Ministers shall issue the decisions rAdministrative Law · Source page 323- Principle 1097Acquisition of Kuwaiti nationality by a non-Kuwaiti employee appointed under one of the contracts in use. Its effect: his transfer to the Kuwaiti category and adjustment of his employment status either by transfer at theAdministrative Law · Source page 324
- Principle 1100An employee whose service has ended may be reappointed in the general positions group whenever the legally prescribed conditions are satisfied in his case, whether in the same grade he previously held and at the same salAdministrative Law · Source page 325
مسئولية الموظف
Principle 1103Absence of the employee's liability for damage resulting from his fault while implementing the law or his superiors' orders. Its condition.Administrative Law · Source page 326- Principle 1104The distinction between service fault and personal fault. The determining factor therein. The employee's intent while performing the duties of his position. Intent to cause harm and gross fault establish personal fault. Administrative Law · Source page 326
- غياب الموظف وانقطاعه عن العمل
Principle 1105An employee’s personal fault and service-related fault. The distinction between them. Its criterion. The intent underlying the employee’s conduct while performing the duties of the post. Fault is considered personal if iAdministrative Law · Source page 326- Principle 1106An employee who absents himself from work. When he is deemed to have resigned by operation of law pursuant to Amiri Decree No. 7/1960.Administrative Law · Source page 327
- Principle 1107An employee’s absence from work pursuant to Article 81 of the Civil Service Regulations. Effect. No entitlement to any salaries, allowances, or benefits of his position during the period of absence. Import. Exclusion of Administrative Law · Source page 327
- Principle 1108An employee’s absence from work without permission for fifteen consecutive days or thirty non-consecutive days within twelve months. Its effect. He is deemed to have resigned. The administration’s acceptance of his excusAdministrative Law · Source page 327
- Principle 1109The employee's absence from work for fifteen consecutive days or thirty non-consecutive days within twelve months without permission. A presumption that he is deemed to have tendered his resignation. The administrative aAdministrative Law · Source page 327
- Principle 1111An employee’s absence from work without permission for fifteen consecutive days and thirty non-consecutive days within twelve months. A presumption of implied resignation. The administrative authority, according to what Administrative Law · Source page 328
- Principle 1112An employee's absence from work without permission, the absence reaching either of the 2 limits stipulated in Article 81 of the Civil Service Regulations, and the administrative authority accepting his excuse and reinstaAdministrative Law · Source page 328
- Principle 1113Withdrawal of the decision terminating an employee's service for absence, although resulting in the employment relationship being regarded as subsisting and the period of service as continuous, does not result in the empAdministrative Law · Source page 328
- حماية الموظف العام
Principle 1115An attack, by publication, on the acts of a public official containing defamatory imputations. The liability of the editor-in-chief or the article’s author is not negated except by proving his good faith in believing theAdministrative Law · Source page 329- التحقيق مع الموظف العام
Principle 1116Publication of an attack on the acts of an employee amounting to defamation. The writer or publisher is not required to prove the truth of the incident to avert liability. It is sufficient to prove his good faith throughAdministrative Law · Source page 329- Principle 1117Concluding an administrative investigation within a specified period. The administration is not bound to do so and is not liable for damage suffered by the employee as a result of the investigation procedures.Administrative Law · Source page 330
- Principle 1118The investigation conducted by the administrative authority with an employee in disciplinary matters. It must possess all the fundamental elements of a proper legal investigation. Contravention thereof. Invalidates the dAdministrative Law · Source page 330
- Principle 1119Referral of holders of leadership and general posts for investigation may only be by a decision of the competent minister. Another person's exercise of this competence. Impermissible except pursuant to an express delegatAdministrative Law · Source page 330
- Principle 1120Referral of persons holding positions in the leadership and general job groups for investigation may only be by a decision of the Minister. The Undersecretary or Assistant Undersecretary may not exercise this competence Administrative Law · Source page 330
- ذنب إداري
Principle 1123The right to complain and report disciplinary violations. Guaranteed to the employee in the interest of safeguarding the public interest. The condition therefor. That the reporting person be certain of the truth of what Administrative Law · Source page 331- Principle 1124Referral of an employee for investigation. It constitutes an impediment precluding acceptance of his resignation or application of the presumption of its acceptance by operation of law upon expiry of the period for deemiAdministrative Law · Source page 331
- الوقف الاحتياطي للموظف العام
Principle 1126Precautionary suspension of a public employee. Its meaning and effect. The legislature’s establishment of rules governing precautionary suspension of public employees in the Civil Service Law and the Decree on the Civil Administrative Law · Source page 332- تأديب الموظف العام
Principle 1127Precautionary suspension in public employment. Its nature and purpose. The rules governing this suspension may not be applied to student discipline. The reason for this. - Provisions containing disciplinary penalties musAdministrative Law · Source page 332- Principle 1128The disciplinary authority has the power to assess disciplinary misconduct and the appropriate sanction therefor. Its condition. Absence of excess that takes it from the sphere of legality into illegality. - 332 - AdminiAdministrative Law · Source page 332
- Principle 1129Assessment of the gravity of administrative misconduct falls within the power of the disciplinary authorities. The criterion for its legality.Administrative Law · Source page 333
- Principle 1130Assessment of the penalty for an administrative offence. Within the authority of the administrative body, without judicial review unless it is characterized by manifest inappropriateness or abuse of right.Administrative Law · Source page 333
- Principle 1131The Disciplinary Committee becoming seised of the disciplinary action. Its effect. The administrative authority may not withdraw the referral decision. The reason for this.Administrative Law · Source page 333
- Principle 1132The disciplinary authority's power to assess administrative misconduct and the appropriate sanction therefor. Its prerequisite, scope, and extent of subjection to judicial review.Administrative Law · Source page 333
- Principle 1133The prohibition on an employee's performing work for a third party for a salary or remuneration or without either. Violation of this prohibition. A disciplinary violation warranting accountability without invalidating thAdministrative Law · Source page 333
- Principle 1134An employee performing work for others for a salary or remuneration, even outside official working hours, without written permission from the Minister. An administrative violation. Its effect. Exposure to disciplinary saAdministrative Law · Source page 333
- Principle 1135Determining that the administrative misconduct giving rise to the employee's disciplinary liability is established. A matter of fact for the court of merits. Its condition. An example of a reasonable inference.Administrative Law · Source page 333
- Principle 1136The physician’s designation as “Senior Registrar.” Its implication. His job duties include performing on-call duties in his specialty. - On-call duties. Their nature and purpose. The physician’s absence from the hospitalAdministrative Law · Source page 333
- Principle 1138The legislature in the field of disciplining employees. Its aim: ensuring the regular functioning of public services without excessive severity toward the employee such as takes the penalty out of the sphere of legality Administrative Law · Source page 334
- Principle 1139Annulment jurisdiction. The general rule is that the court's jurisdiction is confined to examining the legality of the challenged decision. If its illegality is established, it rules to annul it. In this case, it has no Administrative Law · Source page 334
- Principle 1140The disciplinary sphere. An act therein may not be referred to the system of criminal incrimination. The reason for this: the administrative offence differs from and is independent of the criminal offence, and the purposAdministrative Law · Source page 334
- لفت النظر
Principle 1141The employee must preserve the dignity of the office and conduct himself in a manner consistent with the respect owed to it. - Disciplinary violations leave the competent authority wide scope to impose an administrative Administrative Law · Source page 334- الإحالة للتقاعد
Principle 1143The rules governing the status of the judiciary and non-Kuwaiti members of the Public Prosecution and the Department of Legal Opinions and Legislation under Decree-Law No. 14/1977 and the manner of termination of their sAdministrative Law · Source page 335- Principle 1144The Civil Service Council. Authorized to lay down the rules and provisions governing temporary appointment by contract and embody them in forms which government entities subject to the provisions of the Civil Service LawAdministrative Law · Source page 336
- Principle 1145Severance of the employment relationship between the appellant and the institution by referring him for retirement. This does not terminate the dispute brought by him. The reason therefor.Administrative Law · Source page 336
- الاستقالة
Principle 1146The administrative authority may refer an employee to retirement whenever he would be entitled to a retirement pension if his service were to end by resignation at the time of that referral. The condition: that the motivAdministrative Law · Source page 336- Principle 1147An employee's implied resignation. When it occurs. - The element of cause in a decision terminating service in the case of implied resignation is the employee's implied intention upon proof of the absence of this intentiAdministrative Law · Source page 337
- Principle 1148An employee's implied resignation. Its nature. In the case of such resignation, the employee's service does not terminate automatically and by operation of law; rather, it is a discretionary power of the administration: Administrative Law · Source page 337
- Principle 1149The legal presumption of a public employee's resignation. It is not established in his favour but is an option available to the administration. It may exercise it and deem him resigned from the date of his absence, or ovAdministrative Law · Source page 337
- Principle 1150The administration's assertion at first instance that the delegation for stating the resignation was oral. Its submission on appeal of a delegation bearing no date from which it could be inferred that the delegation predAdministrative Law · Source page 337
- Principle 1151The decision accepting a resignation: by whom it is issued if the employee holds a position in the leadership posts group, and by whom in respect of other posts. Article 6/2 of the Civil Service Law and its legislative iAdministrative Law · Source page 337
- Principle 1152The resignation of an employee referred for investigation, suspended from work, or subjected to any other disciplinary measures. Its acceptance is impermissible. If those measures conclude with a finding that he is not rAdministrative Law · Source page 338
- Principle 1153An employee's request to resign pursuant to the general principles of public employment and its legal regime. Does not in itself produce its legal effect of severing the employment relationship. This depends upon the decAdministrative Law · Source page 338
- بقوة القانون
Principle 1157The General Medical Council. It has the final say on which duties of the position are or are not compatible with the employee’s medical condition.Administrative Law · Source page 339- Principle 1159The legislature has not specified or exhaustively listed which crimes are considered prejudicial to honor or trustworthiness. The court of fact may assess this in light of a general criterion requiring that the offense bAdministrative Law · Source page
- Principle 1160Treating a criminal judgment rendered in a felony or misdemeanour involving dishonour or breach of trust as one of the grounds for terminating an employee’s service pursuant to Article 56/8 of the Regulations of Kuwait AAdministrative Law · Source page