Yingluck Ordered To Reinstate Former N C S Secretary General Thawil Pliensri

[webfact]

UNFAIR TRANSFER
PM ordered to reinstate former NCS secretary general

BANGKOK: -- Thawil Pliensri won a historic court battle on Friday, with the Central Administrative Court ordering Prime Minister Yingluck Shinawatra to reinstate him as the secretary general of the National Security Council.

Yingluck is expected to lodge an appeal against the ruling with the Supreme Administrative Court.

A joyful Thawil said the ruling would serve as a precedent for permanent officials in fighting against unfair transfers.

The court rescinded Yingluck's order, which was issued on September 7, 2011, to second Thawil to the PM's Office to serve as an adviser and ordered the prime minister to reinstate Thawil retroactively from the day he was transferred.

Yingluck was ordered to take action to reinstate Thawil as soon as possible.

Thawil filed a lawsuit with the Central Administrative Court on April 30 against the Cabinet resolution of September 6, 2011 that removed him as the NSC secretarygeneral. The suit also disagreed with the decision of the merit protection committee that endorsed the Cabinet resolution.

Thawil said he was happy that the administrative court issued the ruling but he would wait and see whether the prime minister would appeal against it with Supreme Administrative Court or not.

"I have to wait for the reaction of the prime minister. But I am happy that the administrative court has issued this ruling. There are several others who are suffering and have not yet received justice," Thawil said.

"I would like other government officials to receive justice as well. It's very good that I have come this far … The merit protection committee rejected my appeal. Now that the administrative court has issued this ruling, it will serve as precedent for other officials."


-- The Nation 2013-05-31

[webfact]

Admistrative Court orders Thawil Pliensri reinstated as NSC chief.
By Digital Media

BANGKOK, May 31 - The Central Administrative Court on Friday ruled in favour of Thawil Pliensri who filed a petition against what he called his unfair transfer from the National Security Councl to be an advisor to Prime Minister.

The Court ruled that the transfer was done hurriedly and without regard to ethical principles.

Ruling that the resolution of the Civil Service Commission for Merit Systems Protection action dismissing his complaint, the Court revoked the Prime Minister's transfer order.

The Court ordered restoration of Mr Thawil to his former post as NSC chief as soon as possible.

Mr Thawil was removed from the post of NSC secretary-general under a Prime Minister's Order dated September 7, 2011 and instead attached to the PM's Office as an adviser.

On September 12, 2011, he filed a complaint against the order with the Merit System Protection Committee of the Civil Service Commission, saying he had been treated unfairly, but the committee dismissed his complaint.

Mr Thawil subsequently petitioned the Central Administrative Court seeking justice.

After Mr Thawil was transferred, Ms Yingluck appointed former police chief Pol Gen Wichean Potephosree to the post. Gen Wichean was later transferred to become permanent secretary of the Transport Ministry and Lt Gen Paradorn Pattanatabutr was promoted from NSC deputy secretary general to become the agency's head. (MCOT online news).

-- TNA 2013-05-31

[Mosha]

Just wait for the "troops" to gather outside the court in protest

[GentlemanJim]

So now they have to take down the Constitutional Court AND the Central Administrative Court. Time for cold beers and popcorn!

[ballpoint]

The reds will be spreading themselves pretty thin as they attempt to protest at every court in Bangkok. I can't wait till the next Thai tennis open, when a bunch of red clad loonies are waving foot clappers outside centre court.

[Bellweather]

Another challenge to the government's attempt to get everything their way so will they simply stick to an appeal to the Supreme Administrative or will the campaign of vitriol start plus winding up the reds ?

[Thai at Heart]

Unfair transfer?

Was he hoping for an inactive position and got one where he had to do something?

[bigbamboo]

The hotline to Dubai will be buzzing tonight when Thailand's real number two, 'Poo', complains to Thailand's de facto number one, 'Pee', that this just so unfair.

I love Thai nicknames, don't you?

[MikeOboe57]

Unfair transfer?

Was he hoping for an inactive position and got one where he had to do something?

He was transferred so a FOTS (Friend Of TS) could take his job.

[Noistar]

Another challenge to the government's attempt to get everything their way so will they simply stick to an appeal to the Supreme Administrative or will the campaign of vitriol start plus winding up the reds ?

Damn this rule of law!

Sooner the laws get changed the better!!!

[Thai at Heart]

Unfair transfer?

Was he hoping for an inactive position and got one where he had to do something?

He was transferred so a FOTS (Friend Of TS) could take his job.

That's life

[Thaddeus]

Unfair transfer?

Was he hoping for an inactive position and got one where he had to do something?

He was transferred so a FOTS (Friend Of TS) could take his job.

That's life

But it shouldn't be.

[amore]

AKA the former Secretary of CRES (and unsuprisingly a Abhisit appointee) during the April May clashes of 2010 who had this to say

There was never an order to shoot down red-shirt protesters in 2010, but security officers had to arm themselves in order to deal with unknown armed men, Thawil Pliensri, secretary of the now-defunct Centre for the Resolution of Emergency Situation (CRES) told the Department of Special Investigation (DSI) yesterday.

Thawil, who was also former secretary of the National Security Council (NSC), said CRES and the government had followed the law and did not use force to disperse red-shirt protesters on May 19, 2010. He said they had only asked the protesters to vacate the Ratchaprasong intersection in order to make way for traffic. He insisted that it was the red-shirt leaders who had decided to disperse the crowds. http://www.nationmultimedia.com/politics/Thawil-denies-order-to-kill-reds-in-2010-30190287.html

"He said they had only asked the protesters to vacate the Ratchaprasong intersection in order to make way for traffic."

A welcome addition back into the fold then.

I only hope it was an isolated "blond moment" he was having when he come up with the above excuse but as long as they don't put him in charge of Traffic Control, Bangkok will be a safer place.

[Thai at Heart]

Unfair transfer?

Was he hoping for an inactive position and got one where he had to do something?

He was transferred so a FOTS (Friend Of TS) could take his job.

That's life

But it shouldn't be.

What, that people get unfairly moved, transferred, promoted or demoted because a new boss appoints their mates?

Nah. Never happens.

[tragickingdom]

If I was Yingluck, I would immediately reinstate him, create NCS2 and let him sit all alone in the building with his nice title. It would teach the courts a lesson.

[GentlemanJim]

AKA the former Secretary of CRES (and unsuprisingly a Abhisit appointee) during the April May clashes of 2010 who had this to say

There was never an order to shoot down red-shirt protesters in 2010, but security officers had to arm themselves in order to deal with unknown armed men, Thawil Pliensri, secretary of the now-defunct Centre for the Resolution of Emergency Situation (CRES) told the Department of Special Investigation (DSI) yesterday.

Thawil, who was also former secretary of the National Security Council (NSC), said CRES and the government had followed the law and did not use force to disperse red-shirt protesters on May 19, 2010. He said they had only asked the protesters to vacate the Ratchaprasong intersection in order to make way for traffic. He insisted that it was the red-shirt leaders who had decided to disperse the crowds. http://www.nationmultimedia.com/politics/Thawil-denies-order-to-kill-reds-in-2010-30190287.html

"He said they had only asked the protesters to vacate the Ratchaprasong intersection in order to make way for traffic."

A welcome addition back into the fold then.

I only hope it was an isolated "blond moment" he was having when he come up with the above excuse but as long as they don't put him in charge of Traffic Control, Bangkok will be a safer place.

And there you have it. As you wrote this in a bid to try and discredit the man and the then PM, you have actually dug up the reason he was forced to exit stage left. Here we had a man that was clearly not going to stand by and allow the whitewash we have witnessed in the pathetic bid to frame two senior politicians with murder. The Government and the troop's were trying to save Bangkok and its citizens after murder had been incited on the red stage and they had threatened to burn down Bangkok. I would love to know what amazing solution Thai Visa readers would have come up with and why troops who were being fired upon should not be able to use the rules of engagement to defend themselves.

If I was Yingluck, I would immediately reinstate him, create NCS2 and let him sit all alone in the building with his nice title. It would teach the courts a lesson.

Whilst I suspect you are just as qualified to hold the position of PM as Yingluck was, you are not her are you?

[Noistar]

I like this idea which is the same all over the world.

If a court ruling goes against you, then appeal.

Makes you wonder why the courts bother - obviously they need to be given the 'right' decision first.

[ramrod711]

A joyful Thawil said the ruling would serve as a precedent for permanent officials in fighting against unfair transfers.

While i am no fan of this government, i have to wonder what is a permanent official. Does this mean that no matter how biased or incompetent a person is, he or she should not be subject to dismissal? For instance, if Yingluck appoints someone who is clearly a Thaksin stooge to such a post would we all be deleriously happy if the next government was unable to remove them? I think not.

[pedro01]

Unfair transfer?

Was he hoping for an inactive position and got one where he had to do something?

No.

My understanding is he got that position through length of service & hard work.

Then got replaced by a minion.

Yingluck should really not appeal in this case. She should accept the courts decision with grace.

[hellodolly]

If I was Yingluck, I would immediately reinstate him, create NCS2 and let him sit all alone in the building with his nice title. It would teach the courts a lesson.

Good idea the courts have to learn that it does not pay to disobey a self exiled PM.

On the brite side he would be able to do more for Thailand there than Yingluck can do running from country to photo op to country to photo op.

Well you get the picture.

[Skywalker69]

So now they have to take down the Constitutional Court AND the Central Administrative Court. Time for cold beers and popcorn!

Whats wrong with a Single Malt?

[Robby nz]

But will she take any notice?

She has completely ignored the lawful order to withdraw Thaksins passport.

It would seem she considers herself to be above silly little things like laws.

[yoshiwara]

AKA the former Secretary of CRES (and unsuprisingly a Abhisit appointee) during the April May clashes of 2010 who had this to say

There was never an order to shoot down red-shirt protesters in 2010, but security officers had to arm themselves in order to deal with unknown armed men, Thawil Pliensri, secretary of the now-defunct Centre for the Resolution of Emergency Situation (CRES) told the Department of Special Investigation (DSI) yesterday.[/size]

Thawil, who was also former secretary of the National Security Council (NSC), said CRES and the government had followed the law and did not use force to disperse red-shirt protesters on May 19, 2010. He said they had only asked the protesters to vacate the Ratchaprasong intersection in order to make way for traffic. He insisted that it was the red-shirt leaders who had decided to disperse the crowds. http://www.nationmultimedia.com/politics/Thawil-denies-order-to-kill-reds-in-2010-30190287.html

"He said they had only asked the protesters to vacate the Ratchaprasong intersection in order to make way for traffic."

A welcome addition back into the fold then.

I only hope it was an isolated "blond moment" he was having when he come up with the above excuse but as long as they don't put him in charge of Traffic Control, Bangkok will be a safer place.

And there you have it. As you wrote this in a bid to try and discredit the man and the then PM, you have actually dug up the reason he was forced to exit stage left. Here we had a man that was clearly not going to stand by and allow the whitewash we have witnessed in the pathetic bid to frame two senior politicians with murder. The Government and the troop's were trying to save Bangkok and its citizens after murder had been incited on the red stage and they had threatened to burn down Bangkok. I would love to know what amazing solution Thai Visa readers would have come up with and why troops who were being fired upon should not be able to use the rules of engagement to defend themselves.

If I was Yingluck, I would immediately reinstate him, create NCS2 and let him sit all alone in the building with his nice title. It would teach the courts a lesson.

Whilst I suspect you are just as qualified to hold the position of PM as Yingluck was, you are not her are you?

A little setback for Thaksin and his slow march through legal niceties to strangle the old establishment into capitulation and prone submission before the triumphal return of Caesar to a Rome garlanded with roses thrown in front of his chariot by the adoring redshirt Praetorian guards. And then he woke up. 'This is what happens when I'm not there to direct events!'. Screw Skype! Get me Jatuporn and Thida on the phone!

[webfact]

UPDATE:
NSC ex-chief wins case
The Nation


Thawil

BANGKOK: -- Government likely to appeal against the Administrative Court verdict for transferred Thawil Pliensri to be given back the job

Transferred former National Security Council secretary-general Thawil Pliensri won a historic legal victory yesterday when the Central Administrative Court ordered Prime Minister Yingluck Shinawatra to reinstate him in his previous position.

However, Government Spokesman Teerat Ratanasevi posted on Twitter that PM's secretary-general Suranand Vejjajiva had ordered the PM's Office's legal expert to study the ruling closely, and an appeal against the ruling was expected.

A Government House source, who asked not to be named, said it was expected that it would take time to present testimonies during a hearing by the Supreme Central Administrative Court and the ruling might not be made until next year, after Thawil retires. The court ruling, hence, would have no effect on Thawil's successors as NSC chiefs.

A joyful Thawil said the ruling would serve as a precedent for permanent officials to fight against unfair transfers.

If the prime minister appeals and the Supreme Administrative Court rules in favour of Thawil, upholding the Central Administrative Court's verdict, the Cabinet will be obliged to reinstate the former NSC chief and find a new position for the current office holder, according to the law.

With yesterday's court ruling, Thawil is eligible to petition the National Anti-Corruption Commission (NACC) against the prime minister and her Cabinet for alleged malfeasance involving their order and decision to transfer him.

If the NACC agrees that the transfer was unfair and resolves to pursue the case, the PM and all her Cabinet members are required to suspend their duties, pending a verdict by the Supreme Court's Criminal Division on Political Office Holders.

The Administrative Court yesterday rescinded Yingluck's order, issued on September 7, 2011, to second Thawil as an adviser to the PM's Office, and ordered the prime minister to reinstate Thawil retroactively from the day he was transferred.

Yingluck was ordered to take actions to reinstate Thawil as soon as possible.

Thawil had filed a lawsuit with the Central Administrative Court on April 30 against the Cabinet resolution of September 6, 2011, that removed him as the NSC secretary-general. The suit also challenged the decision of the merit protection committee that endorsed the Cabinet resolution.

Thawil said that although he was happy with the court ruling, he had yet to wait and see whether the prime minister would appeal against it in the Supreme Administrative Court.

"I have to see the reaction of the prime minister first. But I am happy that the Administrative Court issued the ruling. Still, there are several others who are suffering and have not yet received justice," Thawil said.

"I would like other government officials to receive justice as well. It's very good that I have come this far … The merit protection committee rejected my appeal. Now that the Administrative Court has issued this ruling, it will serve as precedent for other officials."

Thawil was replaced by Pol General Wichean Potephosree, who was subsequently replaced by Lt-General Paradorn Pattanathabutr last October.

Thawil was removed apparently as the Yingluck government wanted to promote Pol General Priewphan Damapong as National Police chief. At that time, Wichean was the police chief and he vowed not to let go of that position unless he was made the NSC chief. Thawil said yesterday that the court ruling, if not challenged by Yingluck in the Supreme Administrative Court, would require the prime minister to revoke her orders appointing Wichean and Paradorn to the NSC post.

Asked whether the peace dialogue with the southern insurgents would be affected if Paradorn were removed from the NSC post, Thawil said he did not want to comment on it as it would take sometime before he could get his post back.

Anyway, he said, he could continue the work left undone by Paradorn.

Reacting to the court ruling, Paradorn said he would continue his duty as the NSC chief until there was a royal command to remove him from the position.

But, he said, the government could appeal against the court's ruling.

He said that if the government complied with the court's ruling, it would find him a new position. "I will have no problem with it," Paradorn said.

He said the court's ruling would not affect the peace dialogue with the BRN-Coordinate group on June 13 as the process to remove him from the position would take time.

Former permanent secretary of defence General Satien Permthong-in petitioned the Administrative Court over his allegedly illegal transfer last September. The court has agreed to consider the case.


-- The Nation 2013-06-01

[whybother]

If I was Yingluck, I would immediately reinstate him, create NCS2 and let him sit all alone in the building with his nice title. It would teach the courts a lesson.

Whilst I suspect you are just as qualified to hold the position of PM as Yingluck was, you are not her are you?

.

I would have to disagree with you re: tragickingdom being as qualified as Yingluck to be PM. Tragickingdom isn't a relative of Thaksin, which is the only qualification that is applicable.

[GentlemanJim]

If I was Yingluck, I would immediately reinstate him, create NCS2 and let him sit all alone in the building with his nice title. It would teach the courts a lesson.

Whilst I suspect you are just as qualified to hold the position of PM as Yingluck was, you are not her are you?

.

I would have to disagree with you re: tragickingdom being as qualified as Yingluck to be PM. Tragickingdom isn't a relative of Thaksin, which is the only qualification that is applicable.

True, but he does support the Shiniwatra's as if he is one, so that and having never been in politics before does count for something.

[OzMick]

I like this idea which is the same all over the world.

If a court ruling goes against you, then appeal.

Makes you wonder why the courts bother - obviously they need to be given the 'right' decision first.

It is easy to understand when you know that lawyers believe that their clients are always innocent until proven destitute.

[GentlemanJim]

However, Government Spokesman Teerat Ratanasevi posted on Twitter that PM's secretary-general Suranand Vejjajiva had ordered the PM's Office's legal expert to study the ruling closely, and an appeal against the ruling was expected.

A Government House source, who asked not to be named, said it was expected that it would take time to present testimonies during a hearing by the Supreme Central Administrative Court and the ruling might not be made until next year, after Thawil retires. The court ruling, hence, would have no effect on Thawil's successors as NSC chiefs.

I am sure it will take a lot of time !!

This will be the Government response. This is where Thailand need to start acting like the rest of the World. If the court rule then their decision must be upheld with immediate effect, not have to wait while some long drawn out appeal takes place. The guy should be given his job back now, then I am sure the Government appeal process would be very rapid. Just as when murderers are convicted they should be imprisoned, THEN they start the appeal process. The Government will take forever while they appeal this to make sure that Thawil reached retirement age.

[webfact]

UPDATE
PM to appeal court’s verdict as Thawil welcomes reinstatement
By Digital Media



BANGKOK, June 1 – The government may appeal the Central Administrative Court’s verdict which reinstated Thawil Pliensri to the helm at the National Security Council (NSC).

The Prime Minister’s Permanent Secretary Office was assigned to thoroughly study the court’s decision in order to appeal.

A jubilant Thawil insisted that he wanted to return to head the NSC and Prime Minister Yingluck Shinawatra could be charged with negligence of duty if she delays the reinstatement until his retirement on September 30 next year.

Mr Thawil was transferred from the NSC to become the prime minister’s adviser, a de facto inactive post, on September 7, 2011.

The Central Administrative Court ruled that Mr Thawil’s reinstatement was retroactive as of September 30, 2011 and instructed related agencies to urgently move him back to the NSC.

Mr Thawil expressed his appreciation to the court but said he was only half-delighted given that many fellow civil servants have been treated unfairly.

He added that n appeal can be launched in 30 days and it depends on the prime minister whether she would do so.

“If the prime minister decides against appealing, the case is finished and I will go back to work. I will not take any position other than NSC secretary general,” he said. “I am a professional civil servant. I work for the country, not a political party.”

Paradorn Patanatabut, the current NSC chief, said he would be willing to return the post to Mr Thawil if the procedure is in accordance with the law.

He said he was not concerned with the court’s verdict and would leave it to the government to pursue the issue. (MCOT online news)


-- TNA 2013-2013-06-01

[OzMick]

. “I am a professional civil servant. I work for the country, not a political party.”

The crux of the problem, when the party is owned lock, stock and barrel.