ปัญหาทางกฎหมายเกี่ยวกับคำสั่งลงโทษทางวินัยของเจ้าหน้าที่ของรัฐ : ศึกษากรณีคำสั่งลงโทษทางวินัยที่ออกตามมติการวินิจฉัยชี้มูลของคณะกรรมการป้องกัน และปราบปรามการทุจริตแห่งชาติ LEGAL PROBLEMS REGARDING DISCIPLINARY PUNISHMENT ORDERS OF STATE OFFICIALS: A CASE STUDY ON DISCIPLINARY PUNISHMENT ORDERS ISSUED ACCORDING TO THE RESOLUTION OF THE NATIONAL ANTI-CORRUPTION COMMISSION

Abstract

         This research article aims to study the legal problems related to disciplinary punishment orders issued based on the resolution of the National Anti-Corruption Commission (NACC) to ensure the protection of the rights of state officials subjected to such penalties in accessing
the judicial process and filing cases with the Administrative Court. Given the divergent opinions in Thai administrative court rulings, this study conducted a comparative analysis of Thai law, international laws, including those of the French Republic and the Federal Republic of Germany and the Organic Act on Anti-Corruption B.E. 2561 (2018) and Thai administrative court judgments.

         The study findings revealed that the NACC, as the authority responsible for conducting inquiries and rendering adjudication decisions, must exercise its power within the timeframe prescribed by law. If such proceedings exceed the stipulated period, the legality of its authority may be affected. Furthermore, once the adjudication decision leads to a disciplinary punishment order affecting the sanctioned government official, that individual has the right to challenge
the order before the Administrative Court within 90 days from the "date of punishment" without the necessity of filing an appeal under the relevant personnel administration laws, regulations, or rules. Alternatively, the official may choose to first appeal the discretionary determination of
the penalty imposed, as stipulated in Section 101 of the Organic Act on Anti-Corruption B.E. 2561 (2018). The interpretation of the term “date of punishment” serves as the starting point for determining the timeframe for filing a lawsuit to revoke the disciplinary punishment order issued following an NACC adjudication decision. The differing interpretations of this timeframe may impact fundamental principles of administrative law, particularly regarding the legal effects of administrative orders. Moreover, the legislation in question provides for the right to bring cases before the Administrative Court under a system of optional appeal, whereby the disciplined government official may file a lawsuit without necessarily exhausting the appeal process against the disciplinary order. To address these legal uncertainties, amendments to the provisions of
the Organic Act on Anti-Corruption B.E. 2561 (2018) should be considered to ensure alignment with fundamental principles of administrative law and the optional appeal system. Such amendments would enhance the protection of individuals' rights and freedoms in accessing Thailand's judicial process.