Thai Govt May Be Forced To Think Twice Before Moving Officials

[webfact]

SPECIAL REPORT
Verdict shows transfers carry risks
Opas Boonlom
The Nation


Thawil

Govt may be forced to think twice before moving officials

BANGKOK: -- The Central Administrative Court's historic verdict on Friday, revoking Prime Minister Yingluck Shinawatra's order to second National Security Council secretary-general Thawil Pliansri as an adviser to the PM's Office, will serve as a lesson to governments that unjust transfer of officials could boomerang with damaging consequences.

The controversial transfer of Thawil in September last year by Yingluck and her Cabinet has become a hot issue after the court ordered the PM to reinstate him retroactively from the day he was transferred. The court ruled that the transfer was illegal and unfair as the transfer was intended to pave the way for Pol General Priewpan Damapong, who has close ties with Yingluck, to take the post of National Police chief.

Then National Police chief Pol General Wichian Podphosri was transferred to replace Thawil, enabling Priewpan to take the police top post.

"The transfer was not in accordance with the Civil Service Act, which stipulates that official transfers should be effected to help achieve the state's missions and must take into account fairness. Thawil's transfer was carried out without justified reasons and legitimacy," the verdict read.

The court verdict has not yet taken effect as the PM has 30 days to file an appeal against the decision. The latest development is that Yingluck is likely to appeal.

However, the PM and the Cabinet must beware that an appeal would be accompanied by a huge risk if Thawil files a complaint with the National Anti- Corruption Commission, accusing the government of violating Article 157 for malfeasance. If the anti-corruption agency rules that the government is guilty as accused, it would have to immediately stop working.

Apart from Thawil's transfer, the Yingluck government has also faced trials in other transfer cases involving officials such as the transfer of former Defence Ministry permanent secretary General Sathien Permthong-in following a conflict between Sathien and Defence Minister General Sukampol Suwannatht over the selection of officials for the post of ministry permanent secretary.

Sathien took the case to court and the court has agreed to hear his plea.

Another transfer that has become the talk of the town in civil service circles was the position swap that cost Dr Withit Attawetchakul his post as director of the Government Pharmaceutical Organisation.

Public Health Minister Pradit Sinthawanarong urged the Cabinet to remove Withit, reasoning that the GPO chief's decision to stock ingredients of paracetamol and the delay in the construction of the factory will greatly damage the organisation.

GPO former board chairman Wichai Chokwiwat said the removal of Withit was a clear signal of political interference in the agency. He said the politicians' ulterior motive is to privatise the state enterprise, GPO.

The Department of Special Investigation's fact-finding panel, however, has found grounds to believe that Wichai and Withit have violated the Offences Relating to the Submission of Bids to Government Agencies Act 1999 over the procurement of paracetamol ingredients. The DSI has submitted its findings to the Public Health Ministry to file a complaint with the NACC.

The latest transfer involves the government's renowned populist policy - the rice-pledging scheme. Finance Ministry deputy permanent secretary Supa Piyajitti has been transferred after she, as chairman of the committee to close the account of the rice pledging scheme, declared that the scheme has suffered a loss of Bt200 billion.

Supa was replaced by Finance Ministry deputy permanent secretary Pongpanu Sawetrun. The reason for the position swap given by the government was that it wants to give all deputies of the permanent secretary the chance to learn about the rice-pledging scheme.

Finance Ministry officials, however, believe Supa was transferred because she reported about the operation of the rice-pledging scheme in a straight forward manner, including her revelation that government-to-government rice sales by the Commerce Ministry was under a cloud because there were no figures or information provided on the countries and quantity of rice sold. Her revelation apparently upset politicians in the government camp, resulting in her being dismissed from duty.

Another incident that shows Supa's graft fighting spirit was when she submitted a letter to the National Broadcasting and Telecommunications Commission chairman, General Tharet Punsri, after the National Telecommunications Commission endorsed the 3G bidding.

Supa who chairs the e-government procurement or e-auction committee pointed out in the letter that it was obvious that there was collusion in the 3G-spectrum auction.

Legal effects

Legal procedures after the Central Administrative Court revoked Thawil's transfer.

The Central Administrative Court is regarded as a lower court, hence its decision has not yet taken effect. The defendants - the PM and the Merit System Protection Commission - have the right to appeal within 30 days.

If the defendants appeal and the Supreme Administrative Court upholds the lower court's decision, the Cabinet must reinstate Thawil and find a new position for the current NSC chief.

Criminal suit against the government for malfeasance

Although the case has not reached its final stage, Thawil has the right to file a petition against the PM and the Cabinet with the NACC for malfeasance without having to wait for the final verdict from the Supreme Administrative Court.

If the NACC feels there are grounds to believe that Thawil's transfer was a result of political harassment, which could be regarded as a violation of Article 157, the PM and her Cabinet must stop carrying out their duties pending the verdict from the Supreme Court's Criminal Section for Political Officer Holders.


-- The Nation 2013-06-03

[waza]

Good to see this government has some boundaries, even if they are enforced on them.

[notmyself]

There will be blood.

[NongKhaiKid]

I'm not sure this government or more especially Mr. T is capable of learning from mistakes because you have to accept you got it wrong in the first place before you can learn anything and accepting having made a mistake isn't TSs' strong suit.

With the need to control everything and have their people in all top positions this situation is bound to happen again but not everyone will fight it with so much vigour but just in case what we might see is a change in the tactics used to get post holders moved.

[Noistar]

Good to see this government has some boundaries, even if they are enforced on them.

A prediction - nothing will happen

TIT

[Thait Spot]

It's getting interesting now.

[Noistar]

It's getting interesting now.

Would be a novelty for the government to think once, let alone twice

[TallGuyJohninBKK]

The government doesn't think, remember!!!

Some guy in another country thinks...

The folks here just act...

[Noistar]

Sorry forgot. Living in CM the "Thaksin thinks, Pheu Thai acts" posters are all around

[OzMick]

What is the point of re-considering when you know that you are never wrong?

[Payboy]

So, is Porntip going to get her forensics job back now?

[smedly]

There are two ways to remove the checks and balances that these independent agencies provide - you either remove their power and mandate to function through charter and constitutional changes or you remove the neutral honest people in charge and replace them with your hand picked squad - DSI being a fine example, it has been obvious for quite some time that this government is advancing on both fronts, lets hope that those officials who have fallen victim in recent times pay a visit to the Administrative court, if that were to happen I can't see how this government could survive

[smedly]

So, is Porntip going to get her forensics job back now?

hopefully she will visit the AC in the near future along with many others - the long arm of TS will finally be removed from the elbow up

Edited June 3, 2013 by smedly

[A Member]

I'm not sure this government or more especially Mr. T is capable of learning from mistakes because you have to accept you got it wrong in the first place before you can learn anything and accepting having made a mistake isn't TSs' strong suit.

With the need to control everything and have their people in all top positions this situation is bound to happen again but not everyone will fight it with so much vigour but just in case what we might see is a change in the tactics used to get post holders moved.

A change in removal or transfer tactics is a valid point and this being Thailand the imagination runs wild as to what might be resorted to when the puppets get a " dot it " instruction from Dubai.

[A Member]

I think a " do it " instruction was what my keyboard was trying to say. It's Thai made and " sapeak Angrit not well ".

[Pib]

Thai Govt May Be Forced To Think...

Yea, right...never going to happen.

[rametindallas]

In fewer than 30 days we will find out just how stupid this government is.

[chainarong]

I'm not sure this government or more especially Mr. T is capable of learning from mistakes because you have to accept you got it wrong in the first place before you can learn anything and accepting having made a mistake isn't TSs' strong suit.

With the need to control everything and have their people in all top positions this situation is bound to happen again but not everyone will fight it with so much vigour but just in case what we might see is a change in the tactics used to get post holders moved.

Yes and it could become deadly .

[slipperx]

The beginnings of democracy at work - let's vote for many more complainers from people in positions of some influence. Let's see some more independent bodies set up to control the adolescent tantrums of the government - and it applies to both red & yellow camps - though I have to say one side does seem a little more brash than the other on the face of it..

[Noistar]

What about a law that makes the Government abide by the law - at the moment they can rely on apathy to allow the Government to stone-wall