17/09/2026
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17/09/2026
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Court warns against abuse of administrative power
KUWAIT CITY, Sept 17: The Court of Appeals affirmed that referring employees for investigation must not be used as a means of obstructing their resignation or keeping them in a state of indefinite professional limbo, while emphasizing that the administrative authority must comply with the law and refrain from abusing its powers.
The court made this affirmation when it upheld the ruling of a lower court that deemed the resignation of an employee of the Ministry of Electricity accepted as per the law, as well as granting her a clearance certificate, discharge of liability, and settlement of her employment entitlements. In its reasoning, the court explained that referring an employee for investigation without substantive action and leaving the matter pending indefinitely constitutes an arbitrary act by the administrative authority and cannot be invoked to deprive an employee of the right to resign. It stressed that the power of the administration over resignations is not absolute, as it is subject to legal constraints.
It cannot be used to undermine an employee’s legal status or hold him indefinitely for an investigation in which no actual steps are taken. Attorney Mohammad Al-Ansari said the ruling reinforces protections for employees against being left in professional limbo because of an investigation that has not actually commenced. He asserted that disciplinary and investigative procedures must be conducted in accordance with law and must not be turned into a tool for obstructing an employee’s rights or career.
By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff
