Supreme Administrative Court rules in favour of Thawil

[webfact]

TIMELINE
Supreme Administrative Court rules in favour of Thawil
The Nation


photo by Nation TV

BANGKOK: -- The Supreme Administrative Court on Friday ruled that prime minister's order to remove Thawil Pliensri as the secretary general of National Security Council was unlawful.

The court ordered caretaker Prime Minister Yingluck Shinawatra to reinstate Thawil as NSC chief within 45 days.

The Central Administrative Court earlier ruled that the transfer order for Thawil to become an adviser to PM's Office was unlawful but Yingluck appealed against the ruling.

"I did not fight [this case] to get my position back. I just want to see the justice served," Thawil said after learning the verdict.

The chronology of the Thawil case is given below.

September 7, 2011: Thawil Pliensri is transferred as the chief of National Security Council to an advisory position in the PM's office

September 12, 2011: Thawil appeals to the ethic protection committee

April 10, 2012: The ethic protection committee rejects his petition

April 30, 2012: Thawil submits his case to the Central Administrative Court

May 31, 2012: The court rules in favour of Thawil and revokes the PM Office order

June 30, 2012: The government appeals to the Supreme Administrative Court

September 24, 2013: The court begins the process.l

March 7, 2014: The Supreme Administrative Court delivers its judgement.


-- The Nation 2014-03-07

[webfact]

Supreme Admin Court reinstates Tawin as NSC chief

BANGKOK, 7 March 2014 (NNT) - The Supreme Administrative Court has handed down a ruling that reinstates Tawin Pleansri to his former post as the National Security Council (NSC) chief.

The ruling cancels the Prime Minister’s Office order to remove then NSC chief Tawin from the position on September 30, 2011.

The court said in the verdict that the government’s dismissal of Mr Tawin from office is considered an abuse of power as no valid reason has been given to justify the order.

Mr Tawin is set to return to his position as the NSC chief 45 days after the verdict is delivered.

Mr Tawin earlier petitioned the court over the matter, saying his transfer was unconstitutional and in contrary to the civil service regulations.


-- NNT 2014-03-07

[thesetat2013]

Seems like Yingluck is having Noluck with any decision she is told to make.

Anyone want to bet the Reds and PTP will br screaming the ruling is biased for the Dem?

Sent from my GT-S5310 using Thaivisa Connect Thailand mobile app

[kurtgruen]

In other Countries, people wait for the Fat Lady to Sing, here we wait for the skinny one to SQUEAL

Won't be long now

[Scamper]

Thaksin's shuffle bites the dust.

[djjamie]

Fair decision. Who says Thailand doesn't have justice. Only the criminal element would say that.

Congrats Thawil. You got your justice.

[ManofReason]

This place is insane. Surely the government can hire and fire these appointed positions as they see fit. Abhisit copped one of these ridiculous verdicts himself in the last few days. He was ordered to re-instate a police officer he fired years ago. How the hell can he do what is asked of him by the idiotic court - remember Abhisit is currently unemployed himself. Loopy indeed.

[tomacht8]

Bullshit

The seven-member commission debated the panel report on Tuesday and had a split three-to-three vote on the issue.
Sawaruth cast a decisive vote to dismiss the case.

Tawin said he lost the case on the technical foul since Sarawuth voted twice against him.

http://www.nationmultimedia.com/politics/Tawin-cries-foul-over-transfer-ruling-30179790.html

The Commission has cheated him!

[ginjag]

As in Thaksins case, the P.M. will say the same at the end of the day. It is all politically motivated. SURE you guys just wait and see. Any decisions going against this family will have the same remark. If this Thawil should not have been removed, then rightfully reinstated.

[rubl]

This place is insane. Surely the government can hire and fire these appointed positions as they see fit. Abhisit copped one of these ridiculous verdicts himself in the last few days. He was ordered to re-instate a police officer he fired years ago. How the hell can he do what is asked of him by the idiotic court - remember Abhisit is currently unemployed himself. Loopy indeed.

now, now, take a deep breath and relax, my dear unreason.

For one the government cannot just fire or appoint these high level bureaucrats like the National Security Chief. The people are selected, have the qualifications and good reasons have to be forthcoming for their possible move upwards to an inactive position or even dismissal.

At least in this case and as lots of posters here seem to 'know' we still have a PM, so the SAC can order the PM to re-instate the NSC. The order to Abhisit to reappoint the National Police Chief is still a puzzling one though.

[fab4]

rubl, on 07 Mar 2014 - 20:11, said:

ManofReason, on 07 Mar 2014 - 18:51, said:

This place is insane. Surely the government can hire and fire these appointed positions as they see fit. Abhisit copped one of these ridiculous verdicts himself in the last few days. He was ordered to re-instate a police officer he fired years ago. How the hell can he do what is asked of him by the idiotic court - remember Abhisit is currently unemployed himself. Loopy indeed.

now, now, take a deep breath and relax, my dear unreason.

For one the government cannot just fire or appoint these high level bureaucrats like the National Security Chief. The people are selected, have the qualifications and good reasons have to be forthcoming for their possible move upwards to an inactive position or even dismissal.

At least in this case and as lots of posters here seem to 'know' we still have a PM, so the SAC can order the PM to re-instate the NSC. The order to Abhisit to reappoint the National Police Chief is still a puzzling one though.

"The order to Abhisit to reappoint the National Police Chief is still a puzzling one though."

Do you not remember my explanation of why abhisit was ordered to reappoint the National Police Chief in 2008, not as you insist on reading, as a contemporary order?

You must have a brain like a sieve, or do not like being told that you had read a badly written article wrongly. I suspect the latter, as you know you are right and keep on asking the same fascile question.

btw It's common knowledge that lots of posters here know we still have a caretaker PM. It's only those who believe in the false hope of article 7 as promoted tiresomely by scamper and, well, no one else really, apart from an old junta constitution drafting assembly member, that believe that there now exists a political vacuum.

Which is a ridiculous notion. For those of you still pinning your hope on article 7, dig back to April 2006 and see how well received it was then.

[h90]

This place is insane. Surely the government can hire and fire these appointed positions as they see fit. Abhisit copped one of these ridiculous verdicts himself in the last few days. He was ordered to re-instate a police officer he fired years ago. How the hell can he do what is asked of him by the idiotic court - remember Abhisit is currently unemployed himself. Loopy indeed.

It is normal for independent working agencies. Recently in Austria the Army boss had to be reinstalled after the Minister of Defense moved him. And Austria is as West and Central Europe as possible.

[than]

A new bugs in Taksin plan.........

[tilac2]

Justice in Thailand: compare with "justice" in:

Malayasia - Anwar just got sentenced to further time in jail due to a kangaroo court's decision in that country.

Ukraine - Yanukovich appointed his own judge to the top job, and so managed to continuously steal from his fellow citizens. Sure he got overturned last month, but now he's in Putin's Russia - he'll be okay there!

People who "own" the law do fine; those who challenge the rulers get shafted. e.g. Thaksin.

[brownbear]

In other Countries, people wait for the Fat Lady to Sing, here we wait for the skinny one to SQUEAL

Won't be long now

Meeeeeeemeeeeeeemeeeeemeeeeeeee....!!! Three times.

Sorry, couldn't resist.

[chotthee]

Yingluck loose face big time.

[Crushdepth]

This place is insane. Surely the government can hire and fire these appointed positions as they see fit. Abhisit copped one of these ridiculous verdicts himself in the last few days. He was ordered to re-instate a police officer he fired years ago. How the hell can he do what is asked of him by the idiotic court - remember Abhisit is currently unemployed himself. Loopy indeed.

No. You have to have a valid reason for kicking out a government official. This guy was booted to make room for Thaksin's brother in law, it was clear-cut nepotism.

[webfact]

SUPREME ADMINISTRATIVE COURT
Thawil wins reinstatement, new hot potato for premier
The Nation



Govt ordered to reappoint him as NSC sec-general; Paradorn not ready to budge

BANGKOK: -- The government must comply with the Supreme Administrative Court's verdict to reinstate Thawil Pliensri to the position of National Security Council (NSC) secretary-general within 45 days, PM's secretary general Suranand Vejjajiva said yesterday.

The ruling issued yesterday was yet another hot potato for caretaker Prime Minister Yingluck Shinawatra to handle as the Supreme Administrative Court upheld the Central Administrative Court's judgement that her order to have Thawil removed from the NSC was illegal.

Thawil was forced into a game of musical chairs in September 2011, when he was transferred from his post as NSC chief to become an adviser to the PM's Office and make way for then-police chief General Wichean Potephosree.

Wichean had to vacate the national police chief's chair for General Priewpan Damapong - who is the older brother of Khunying Potjaman na Pombejra, the former wife of ex-prime minister Thaksin Shinawatra, who is Yingluck's older brother.

Lt-General Paradorn Pattanatabut was put in the post of NSC chief on October 1, 2012, to replace Wichean, who was made Transport Ministry permanent secretary.

Suranand said the court judgement inconvenienced the government because Paradorn was a favourite for the top post at NSC as he was very capable and had held the post of NSC deputy secretary-general before he was transferred to the PM's Office by Abhisit Vejjajiva's government.

Paradorn, meanwhile, said his roles at the NSC and the Centre for Maintaining Peace and Order were in Yingluck's hands, though he pointed out that he could only be removed from the NSC with a royal endorsement.

It is still unclear how Yingluck plans to reinstate Thawil at NSC, with Paradorn still there. The PM returned from Sakon Nakhon to attend a meeting with top brass yesterday afternoon, but was not available for comment as of press time.

Thawil had filed a lawsuit with the Central Administrative Court on April 30, 2012, against the September 6, 2011, Cabinet resolution that removed him from the top post at NSC.

It is believed that his removal was politically motivated.

Thawil, together with then-deputy prime minister Suthep Thaugsuban, had taken tough action against the red-shirt protesters in 2010. These days, he has been seen speaking to anti-government protesters onstage several times.

However, this is not the first time that officials have been moved around just because they are seen as supporters of the opposition.

For instance, when Democrat Party leader Abhisit was prime minister, he moved Piraphon Tritasawit from the position of the Interior Ministry permanent secretary to become an adviser to the PM's Office in 2009.

Though the Administrative Court decided that this transfer was illegal and instructed the government of the day to reinstate him, Abhisit did not comply with the ruling before Piraphon had to retire.

Thawil, who is scheduled to retire by the end of September this year, said he was ready to return to his old post and was also considering whether he should file a complaint with the National Anti-Corruption Commission against Yingluck for misconduct.

"Not now, but tomorrow I may [sue her]," he said.

"Indeed, I don't want to return to the position, but after having fought for two and a half years for justice, I should. Many people in the bureaucratic system share the same fate as me," he said.

Politicians often use the patronage system to overrule merit in the bureaucracy for their own benefit, and thus damage the entire system, he said.

When asked what he would do if the government refused to comply, Thawil said it would become a problem between the court and the government.


-- The Nation 2014-03-08

[binjalin]

oh yea? name another country where the national security chief speaks from demo stages? he is a PDRC member and chief of national security? some of you posters make me laugh

[binjalin]

This place is insane. Surely the government can hire and fire these appointed positions as they see fit. Abhisit copped one of these ridiculous verdicts himself in the last few days. He was ordered to re-instate a police officer he fired years ago. How the hell can he do what is asked of him by the idiotic court - remember Abhisit is currently unemployed himself. Loopy indeed.

now, now, take a deep breath and relax, my dear unreason.

For one the government cannot just fire or appoint these high level bureaucrats like the National Security Chief. The people are selected, have the qualifications and good reasons have to be forthcoming for their possible move upwards to an inactive position or even dismissal.

At least in this case and as lots of posters here seem to 'know' we still have a PM, so the SAC can order the PM to re-instate the NSC. The order to Abhisit to reappoint the National Police Chief is still a puzzling one though.

'selected' by whom dear Rubl? this guy has been on many PDRC stages voicing support for his fascist dear leader - now the 'unbiased' courts give him his 'selected' job back as SECURITY chief? I call it bizarre!

can you imagine USA security chief or any country security chief on the stage of a movement to overthrow an elected government still in his job??? you don't think an elected Pm or president can fire him? absurd

[stargas]

The PM returned from Sakon Nakhon to attend a meeting with top brass yesterday afternoon, but was not available for comment

Standard operating procedure for her.

[rametindallas]

This place is insane. Surely the government can hire and fire these appointed positions as they see fit. Abhisit copped one of these ridiculous verdicts himself in the last few days. He was ordered to re-instate a police officer he fired years ago. How the hell can he do what is asked of him by the idiotic court - remember Abhisit is currently unemployed himself. Loopy indeed.

No. You have to have a valid reason for kicking out a government official. This guy was booted to make room for Thaksin's brother in law, it was clear-cut nepotism.

Paradorn is not Thaksin's brother-in-law but he is his toady.

[kikoman]

The case of Abhisit took years to litigate but he was ordered to reinstate the person he wrongly demoted. What is so different here with Yingluck case!

Cheers

[skills32]

oh yea? name another country where the national security chief speaks from demo stages? he is a PDRC member and chief of national security? some of you posters make me laugh

You make ME laugh, replying to imagined posts,

[PepperMe]

oh yea? name another country where the national security chief speaks from demo stages? he is a PDRC member and chief of national security? some of you posters make me laugh

Good try, but another own goal for you.

While speaking on the rally stages, he was NOT head of NSC, can't you read????? The OP clearly states he was removed in Sept 2011.

He was move to 'adviser of PMs office' which as we all know, it means he was fired, his advice would not be sought by the PM on anything, it is merely a salaried position with nothing at all to do. It is a 'holding tank'. The same position AV used to get rid of his foe.

The NSC is actually an independant agency, and the government doesn't really have a lot of power to reshuffle these agencies in the same way they can reshuffle government positions.

Just another case of Thaksin, YL and the PTP thinking that they can do whatever they want.

I am looking forward to the new NACC case against YL.

[bigbamboo]

I can't wait for my son to qualify as a lawyer..... it's the biggest growth industry here. He is going to make a fortune.

[sweatalot]

This place is insane. Surely the government can hire and fire these appointed positions as they see fit. Abhisit copped one of these ridiculous verdicts himself in the last few days. He was ordered to re-instate a police officer he fired years ago. How the hell can he do what is asked of him by the idiotic court - remember Abhisit is currently unemployed himself. Loopy indeed.

now, now, take a deep breath and relax, my dear unreason.

For one the government cannot just fire or appoint these high level bureaucrats like the National Security Chief. The people are selected, have the qualifications and good reasons have to be forthcoming for their possible move upwards to an inactive position or even dismissal.

At least in this case and as lots of posters here seem to 'know' we still have a PM, so the SAC can order the PM to re-instate the NSC. The order to Abhisit to reappoint the National Police Chief is still a puzzling one though.

'selected' by whom dear Rubl? this guy has been on many PDRC stages voicing support for his fascist dear leader - now the 'unbiased' courts give him his 'selected' job back as SECURITY chief? I call it bizarre!

can you imagine USA security chief or any country security chief on the stage of a movement to overthrow an elected government still in his job??? you don't think an elected Pm or president can fire him? absurd

an elected government

what about replacing with "elected but not democratically acting government"

[h90]

This place is insane. Surely the government can hire and fire these appointed positions as they see fit. Abhisit copped one of these ridiculous verdicts himself in the last few days. He was ordered to re-instate a police officer he fired years ago. How the hell can he do what is asked of him by the idiotic court - remember Abhisit is currently unemployed himself. Loopy indeed.

now, now, take a deep breath and relax, my dear unreason.

For one the government cannot just fire or appoint these high level bureaucrats like the National Security Chief. The people are selected, have the qualifications and good reasons have to be forthcoming for their possible move upwards to an inactive position or even dismissal.

At least in this case and as lots of posters here seem to 'know' we still have a PM, so the SAC can order the PM to re-instate the NSC. The order to Abhisit to reappoint the National Police Chief is still a puzzling one though.

'selected' by whom dear Rubl? this guy has been on many PDRC stages voicing support for his fascist dear leader - now the 'unbiased' courts give him his 'selected' job back as SECURITY chief? I call it bizarre!

can you imagine USA security chief or any country security chief on the stage of a movement to overthrow an elected government still in his job??? you don't think an elected Pm or president can fire him? absurd

an elected government

what about replacing with "elected but not democratically acting government"

well...elected...If you get elected with massive vote buying, you are still elected by the pure meaning of the word "elected" but it isn't democratically at all.

[Dap]

This place is insane. Surely the government can hire and fire these appointed positions as they see fit. Abhisit copped one of these ridiculous verdicts himself in the last few days. He was ordered to re-instate a police officer he fired years ago. How the hell can he do what is asked of him by the idiotic court - remember Abhisit is currently unemployed himself. Loopy indeed.

now, now, take a deep breath and relax, my dear unreason.

For one the government cannot just fire or appoint these high level bureaucrats like the National Security Chief. The people are selected, have the qualifications and good reasons have to be forthcoming for their possible move upwards to an inactive position or even dismissal.

At least in this case and as lots of posters here seem to 'know' we still have a PM, so the SAC can order the PM to re-instate the NSC. The order to Abhisit to reappoint the National Police Chief is still a puzzling one though.

'selected' by whom dear Rubl? this guy has been on many PDRC stages voicing support for his fascist dear leader - now the 'unbiased' courts give him his 'selected' job back as SECURITY chief? I call it bizarre!

can you imagine USA security chief or any country security chief on the stage of a movement to overthrow an elected government still in his job??? you don't think an elected Pm or president can fire him? absurd

You can "imagine" anything you want, but until you see a USA Security chief trying to "overthrow" the elected govt., I'd stick to the circus at hand, where just about any scenario anybody could wish for is

possible.

[tomacht8]

This place is insane. Surely the government can hire and fire these appointed positions as they see fit. Abhisit copped one of these ridiculous verdicts himself in the last few days. He was ordered to re-instate a police officer he fired years ago. How the hell can he do what is asked of him by the idiotic court - remember Abhisit is currently unemployed himself. Loopy indeed.

now, now, take a deep breath and relax, my dear unreason.

For one the government cannot just fire or appoint these high level bureaucrats like the National Security Chief. The people are selected, have the qualifications and good reasons have to be forthcoming for their possible move upwards to an inactive position or even dismissal.

At least in this case and as lots of posters here seem to 'know' we still have a PM, so the SAC can order the PM to re-instate the NSC. The order to Abhisit to reappoint the National Police Chief is still a puzzling one though.

'selected' by whom dear Rubl? this guy has been on many PDRC stages voicing support for his fascist dear leader - now the 'unbiased' courts give him his 'selected' job back as SECURITY chief? I call it bizarre!

can you imagine USA security chief or any country security chief on the stage of a movement to overthrow an elected government still in his job??? you don't think an elected Pm or president can fire him? absurd

You mistaken here the timeline!

The case is already over 2 years old.

The Commission has manipulated the vote.

As you know, 2 years ago, there were no protest stages.

Then two years later, as a victim of a manipulation, he goes on the stage and publicly reported and informed of his case, what's wrong with that?

Many critical people are evicted from their offices!

What about the government official who has publicly indicated inconsistencies in the rice scheme?

Shifted away.

What's with the government official from the National Budget Office, which has made publicly that the emergencies country budget for natural Disasters is being plundered/misused?

Shifted away.

Many government officials are aware of irregularities.

But they are afraid to express their knowledge.

Great democracy or what?

Edited March 8, 2014 by tomacht8