Lite Beer Posted June 20, 2013 Share Posted June 20, 2013 PM asks attorney general to appeal NSC chief's caseBy English News BANGKOK, June 20 - Prime Minister Yingluck Shinawatra on Thursday assigned the Attorney General to appeal to the Supreme Administrative Court against the lower court ruling ordering her advisor Thawil Pliensri's return to the National Security Council. The premier said she has already endorsed the appeal as advised by a newly set-up working panel.The government's reaction came after the Central Administrative Court ruled in favour of Thawil Pliensri who petitioned against what he called his unfair transfer from the National Security Council (NSC) to become an advisor to the prime minister.The Court ruled that the resolution of the Civil Service Commission for Merit Systems Protection action dismissing Mr Thawil’s complaint was void.It also revoked the Prime Minister's transfer order dated September 7, 2011, and ordered the reinstatement of Mr Thawil to his former post as NSC chief as soon as possible.Permanent-Secretary for Prime Minister's Office Tongthong Chandransu said a panel has been set up to study the case to see whether the government should appeal the Administrative Court's ruling or not.The panel, chaired by the PM's secretary general Suranand Vejjajiva, consists of the permanent-secretary for the Prime Minister's Office, the secretary-general for the Council of State and the secretary-general of the Civil Service Commission.Mr Tongthong said the panel agreed to appeal the lower court ruling provided that it does not affect the country's administration and the state officials' reshuffle system.He explained that Mr Thawil was transferred from the NSC to become the premier's advisor which is considered as the same level of position.If the government does not appeal, he said, it will set a precedent for other cases and that the government would not be able to reshuffle state officials.Mr Tongthong said the Attorney General could appeal the case by June 30. (MCOT online news) -- TNA 2013-06-20 Link to comment Share on other sites More sharing options...
NongKhaiKid Posted June 20, 2013 Share Posted June 20, 2013 This should be good, wonder what the grounds of appeal will be - " he didn't fit in, not one of us so we replaced him with a ' yes ' man " ? 2 Link to comment Share on other sites More sharing options...
LuckyLew Posted June 20, 2013 Share Posted June 20, 2013 wanna bet Thaksin told her to appeal? Link to comment Share on other sites More sharing options...
Thai at Heart Posted June 20, 2013 Share Posted June 20, 2013 Asks? That presumes he can refuse. Link to comment Share on other sites More sharing options...
waza Posted June 20, 2013 Share Posted June 20, 2013 However, he should be returned to his position while the appeals process takes its course. "It also revoked the Prime Minister's transfer order dated September 7, 2011, and ordered the reinstatement of Mr Thawil to his former post as NSC chief as soon as possible." Link to comment Share on other sites More sharing options...
Baerboxer Posted June 20, 2013 Share Posted June 20, 2013 However, he should be returned to his position while the appeals process takes its course. "It also revoked the Prime Minister's transfer order dated September 7, 2011, and ordered the reinstatement of Mr Thawil to his former post as NSC chief as soon as possible." What's the chance of that? They'll filibuster until he's retired out. Link to comment Share on other sites More sharing options...
pedro01 Posted June 20, 2013 Share Posted June 20, 2013 Is this the Attorney Generals job? To appeal a case on behalf of the PM? Genuine question... 1 Link to comment Share on other sites More sharing options...
GentlemanJim Posted June 20, 2013 Share Posted June 20, 2013 Is this the Attorney Generals job? To appeal a case on behalf of the PM? Genuine question... And a very good question. Link to comment Share on other sites More sharing options...
Thai at Heart Posted June 20, 2013 Share Posted June 20, 2013 Is this the Attorney Generals job? To appeal a case on behalf of the PM? Genuine question... Who knows. Seems the Thais don't even know what the attorney general really does any more. That all said. If a man sits on the CRES, which he may have had no option to say "no" to; who carry out a military clearance of protestors; wouldn't it be utterly normal anywhere in the world for him to be pensioned off? He shouldn't have sat on the CRES. Give him a pay rise and a better pension and a gong for serving the country. Job solved. Link to comment Share on other sites More sharing options...
oceanview Posted June 20, 2013 Share Posted June 20, 2013 This should be good, wonder what the grounds of appeal will be - " he didn't fit in, not one of us so we replaced him with a ' yes ' man " ? She wants her other brother back in his position as head of the National Security Council: Other posts in the civil service and police have gone to Thaksin loyalists including Paradorn Pattanathabutr, who was made secretary-general of the country's National Security Council and this month said Thaksin was "like a brother". Thai cabinet reshuffle sees return of Thaksin loyalists http://www.reuters.com/article/2012/10/29/us-thailand-thaksin-idUSBRE89S0GH20121029 1 Link to comment Share on other sites More sharing options...
smedly Posted June 20, 2013 Share Posted June 20, 2013 Is this the Attorney Generals job? To appeal a case on behalf of the PM? Genuine question... And a very good question. exactly what I was going to mention so the AG is the PM's own personal legal representative ????? I thought the AG was supposed to be a neutral office Surely it's up to the PTP legal team to file an appeal as this to me sounds more of a civil case for unfair dismissal Link to comment Share on other sites More sharing options...
webfact Posted June 20, 2013 Share Posted June 20, 2013 TRANSFER DISPUTEPM to fight Thawil's return as NSC chiefAnapat Deechuay,Chanikarn PhumhiranThe NationYingluck eyes legal precedent for moving officialsBANGKOK: -- Prime Minister Yingluck Shinawatra has decided to appeal to the Supreme Administrative Court against the reinstatement of Thawil Pliensri as secretary-general of the National Security Council.Tongthong Chandransu, PM's Office permanent secretary, said yesterday that Yingluck would follow the recommendation of the government's legal advisory committee headed by PM's secretary-general Suranand Vejjajiva that she appeal the Central Administrative Court's order to transfer Thawil from his advisory post back to the NSC.Tongthong, a member of the committee, said there was a legal ambiguity that might interfere in the government's ability to transfer officials from an active position to an inactive position of the same grade.The lower court had compared the two positions - NSC chief and government adviser - in terms of whether they were equally active and judged the transfer as unfair, he said."The government will not be able to transfer heads of state agencies to become advisers to the PM or ministers. At ministries, the government cannot transfer directors-general to inspectors' posts even though they are at the same level and enjoy the same salary and perks,'' he said.The PM not only wants to get a final determination but also to set a precedent that can be used in administration in the future."The decision to appeal is not to harass anyone but to bring about legal clarity,'' he said.'Decision questionable'Thawil said he would look into the details of his case before taking further action. He questioned why the government did not lodge an appeal in the case of Interior Ministry permanent secretary Peerapol Traitossawit.Tongthong said the government chose to close the Peerapol case because he had retired.Thawil has threatened to petition the National Anti-Corruption Commission and the Ombudsman if the government files an appeal in his case.The court earlier referred to the transfer of former national police chief Wichean Potephosree to replace Thawil at the NSC, saying it was done to clear the way for Pol General Priewpan Damapong to succeed Wichean as police chief and not for the sake of efficiency or the job. The transfer was also conducted in a hasty manner.NACC member Klanarong Chantik, meanwhile, denied that he had pushed Thawil into filing impeachment proceedings against Yingluck for getting him unfairly transferred.He said he had only commented that if Thawil could file a petition with the NACC, then the agency would decide whether it had the authority to rule on such a case.-- The Nation 2013-06-21 Link to comment Share on other sites More sharing options...
khunken Posted June 21, 2013 Share Posted June 21, 2013 Is this the Attorney Generals job? To appeal a case on behalf of the PM? Genuine question... And a very good question. exactly what I was going to mention so the AG is the PM's own personal legal representative ????? I thought the AG was supposed to be a neutral office Surely it's up to the PTP legal team to file an appeal as this to me sounds more of a civil case for unfair dismissal The AG is supposed to be a neutral office. This was a key opinion (by PTP of course) that was supposed to support all petitions to the CC going via the AG. Neutrality is not one of the party's strong points - ask Tarit. If the government does not appeal, he said, it will set a precedent for other cases and that the government would not be able to reshuffle state officials. What a good precedent that would be. Link to comment Share on other sites More sharing options...
CLCAsia Posted June 21, 2013 Share Posted June 21, 2013 (edited) Interesting times for sure. We've undertaken some analysis on the Administrative Court off the back of this decsion. The analysis is available here. Regards Chris Larkin Managing Director CLC Asia Edited June 21, 2013 by CLCAsia 1 Link to comment Share on other sites More sharing options...
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