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KUWAIT CITY, Jan 30: The Court of Appeals presided over by Judge Muhammad Bahman annulled the decision to dismiss the Director General of the Kuwait Ports Authority (KPA) Sheikh Yousef Al-Abdullah Al-Sabah from service. It instead decided to reprimand him for assaulting a security guard while the latter was performing his work. According to the case file, the accused, who was holding the position of Director General of KPA, was surprised by the decision of the minister of Commerce and Industry to refer him to the Civil Service Council as a disciplinary body, followed by the decision of the head of the council to punish him with the penalty of dismissal from service for not performing the work entrusted to him accurately and honestly.
Sheikh Yousef Al-Sabah was charged with committing acts that violate the provisions of Article 24 of decree-Law No. 15/1979 by entering and searching places without permission and assaulting the security guard affiliated with a company for transporting precious materials and guarding facilities. He challenged the decision, but did not receive a response. The court said, “The decision was issued in violation of laws and regulations, and was marred by a defect in the abuse of power, because the administrative investigations were conducted by non-competent work teams, which renders the decision invalid. The actions attributed to him are incorrect and unrealistic. The punishment, assuming to be valid, involved a great deal of extravasation.
The penalty of dismissal from the service that the administration chose to impose on the accused, even if he committed the violation, which the court concluded was not established against him. It absolutely does not commensurate with the degree of seriousness of the administrative guilt and involves a great deal of extravasation and a stark disparity between the violation and the punishment, which loses justice and removes from the contested decision the mantle of legitimacy with which it is clothed.
The penalty of dismissal from service is tantamount to the execution of the dismissed employee and has its devastating effects, not only for him, but it extends to his family and those who depend on them. The dismissal penalty distorts his reputation and social status, and leads to him being looked at with doubt and suspicion, especially since he occupies a prestigious leadership position in one of the most important state institutions. This requires the judiciary to cancel the decision and settle with reprimanding him.” By Jaber Al-Hamoud Al-Seyassah Staff