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Monday, 21 October 2019 14:56
Court of Cassation ejects Appeal of the Undersecretary of the Ministry of Interior in his Capacity to overturn decision of promoting the heads of investigation
The Court of Cassation, headed by Judge Mohammed Jassim Bin Naji, ruled in the counseling chamber not to accept the appeal filed by the Undersecretary of the Ministry of Interior, stating that the basis of seniority should not be skipped as the criterion of competence and the eligibility for promotions.
The plaintiff was surprised by a ministerial decision from the former director of investigations to promote a group of investigators to the level of Chief Investigator. Such selection did not include the plaintiff, although he has been the senior most in terms of service and despite having an excellent competence report. The plaintiff was represented by lawyers Abdulaziz Taher and Khalid Taher Alkhateeb of Taher Group Law Firm. The two Lawyers presented to the Administrative Court that their client clearly enjoys seniority and efficiency which was much better than those included in the list for promotion which called for appeal before the administrative body due to the unfair decision. Accordingly, the lawyers demanded for the cancellation of the Ministerial Decision as it has not considered all the criteria for ascertaining the eligibility of the candidates for promotion especially the plaintiff’s report on his competence which made his a superior candidate for promotion and also based on his seniority which was in accordance with the law based on the evidence presented to the court. The Court of First Instance had earlier nullified the decision on the basis of overriding the grounds of determining the promotion with the consequent effects and obliged the defendant to pay the fees and attorneys' fees, and the judgment was final.