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Royal Was Reprimanded For Assaulting A Security Guard
Sheikh Yousef Al-Abdullah Al-Sabah was dismissed from the Kuwait Ports Authority (KPA) by the Court of Appeals presided over by Judge Muhammad Bahman. 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. The head of the council subsequently dismissed him from service for failing to perform his duties accurately and honestly.
Sheikh Yousef Al-Sabah was charged with violating 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.”
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