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สรุปคำแปลวินิจฉัยของศาลปกครอง
สรุปคำแปลวินิจฉัยของศาลปกครอง

ปรับปรุงเมื่อ 6 พ.ย. 2561, 14:19น.

Voting System for the Selection of the Faculty Dean

Even though the Regulation of Chiang Mai University on the Selection of Faculty Dean, B.E. 2545 (2002) did not specifically specify rules on the selection of the Dean and the dean selection process was administrative proceedings which must be conducted pursuant to Administrative Procedure Act, B.E. 2539 (1996), the selection of the Dean was not a resolution under Section 82 paragraph one of the said Act. It was a voting which placed importance on the number of votes obtained; the winning candidate was not required to win by a majority. When the Plaintiff obtained the most votes in the first round of voting, Defendant no.2 should have nominated the Plaintiff to Defendant no.1 for appointment as the Dean of Faculty of Humanities. Instead, Defendant no.2 rejected the result of the first voting, conducted the revote, and nominated Assoc. Prof. R to Defendant no.1 for appointment as the Dean. Therefore, the selection process was unlawful, and the order appointing Assoc. Prof. R to the position of the Dean of Faculty of Humanities which was made according to the result of such process was also unlawful.

อ่าน 13   |  ดูรายละเอียดบทความ
ปรับปรุงเมื่อ 6 พ.ย. 2561, 14:21น.

To Remove Chief Executive of Subdistrict Administrative Organization from Office without Waiting for the Result of the National Anti-Corruption Commission’s Investigation

In case where Chief Executive of Subdistrict Administrative Organization (SAO) is accused of having inappropriate behavior and exhibiting a sign of malfeasance in performing official duties, District Chief has the power to conduct an inquiry and remove the Chief Executive of SAO from office pursuant to Sections 58/1 and 64 paragraph one (4) of Subdistrict Council and Subdistrict Administrative Organization Act, B.E. 2537 (1994). The District Chief may do so without having to wait for the result of the National Anti-Corruption Commission’s investigation conducted under Sections 19 and 66 of Organic Act on Anti-Corruption, B.E. 2542 (1999). When it was apparent that the Chief Executive of SAO had malfeasant behavior according to Section 58/1 (3) of Subdistrict Council and Subdistrict Administrative Organization Act, B.E. 2537 (1994), and the District Chief issued an order removing the Chief Executive of SAO from office pursuant to Section 64 paragraph one (4) of the said Act; such order was lawful.

อ่าน 7   |  ดูรายละเอียดบทความ
ปรับปรุงเมื่อ 3 ก.ย. 2561, 15:55น.

Liability of a Municipality for a Wrongful Act Committed by Private Entities that were Hired for the Construction of Utility Systems

Municipality has power and duties to provide a drainage system and a wastewater treatment system within the area of municipality pursuant to Section 56 of Municipalities Act, B.E. 2496 (1953). By hiring private entities to do so, the municipality entrusted such power and duties to private entities according to Section 22 of Act Determining Plan and Procedures in Decentralizations to the Local Administrative Organization, B.E. 2542 (1999). Since the private entities were professional construction service providers and there was a consulting firm supervising the project, they must perform services with great care in accordance with professional ethics by using any measures to prevent and avoid causing damage to surrounding properties. When the private entities failed to exercise such care resulting in damage to a third party’s building, the Municipality as an administrative agency that delegated its power and duties to that private entities shall be liable for the consequence of such wrongful act.

อ่าน 116   |  ดูรายละเอียดบทความ
ปรับปรุงเมื่อ 1 ส.ค. 2561, 13:25น.

The revocation of Notification of Department of Land Transport in relation to the permission of the buses to use only one passenger terminal

The Letter on Announcement to inform the Chief Officer of the Khon Kaen Office of Provincial Land Transport to implement the Notification of the Department of Land Transport is not an administrative order to affect the status of the rights or duties of a person. However, the Notification itself, dated 21st August B.E.2558 (2015), on Buses to Use only Khon Kaen Bus Terminal 3, is a general administrative order having direct effect on the bus operators. The Plaintiffs reside in Khon Kaen and earn their living as merchants or being occasional laborers. They frequently take the bus from Khon Kaen bus terminal 1 and transfer at other terminals to travel to other districts of Khon kaen province. In addition, they continually take the bus for their daily work and to return to their hometowns monthly. Therefore, the Plaintiffs are customers of such bus lines and can also be considered as persons who are aggrieved or injured or who may inevitably be aggrieved or injured by such disputed Notification and shall have the right to file a case with the Administrative Court under Section 42 Paragraph one of Act on Establishment of the Administrative Courts and the Administrative Court Procedure, B.E. 2542 (1999)

อ่าน 154   |  ดูรายละเอียดบทความ
ปรับปรุงเมื่อ 3 ก.ค. 2561, 13:47น.

Cancellation the price inquiry in case of the Committee changes the place of price inquiry envelope opening without prior notice to bidders

The change in place of price inquiry envelope opening by the Price Inquiry Envelope-Opening Committee without notifying all bidders and posting a public notice is the Committee performed the process without opening sealed price quotation and reading publicly the quoted prices and list of submitted documents of all bidders on the specific place as listed in Notification on the Price Inquiry of Purchasing of Construction Material. Such act is in violation of Section 35(1) of the Regulations of the Ministry of the Interior on Procurement of Local Administration Agency, B.E. 2535 (1992), and is not performed by openness, transparent and giving opportunity to have fair price competition under Section 10(ter) paragraph 1, of the aforementioned Regulations. Even though a change in place was a necessity, changing the place for price inquiry envelope opening without prior notice to all relevant persons could cause damage to the state agency. Moreover, it cannot be considered as internal administration of the Committee to enable the price inquiry envelope opening. The issuance of an order to cancel the price inquiry of state agency in case of the Committee changes the place of price inquiry envelope opening without prior notice to bidders is a lawful act.

อ่าน 149   |  ดูรายละเอียดบทความ
ปรับปรุงเมื่อ 1 มิ.ย. 2561, 15:28น.

Compensation in case of the state agency rejected the qualified candidates to sign employment contracts

When issuing a Notification on admission and examination for the selection of individuals for appointment as government officials in situations where a state agency has not yet been allocated its budget according to the Act on Budgets for Annual Expenditures, and there are no existing circumstances to indicate beyond any doubt that the state agency will receive its budget, such agency has the obligation to issue the Notification in such a way as to make clear that any individuals selected will be called to report to the agency to sign an employment contract only when the budget has been allocated, or to use any other wording to the same effect. When the state agency issued a Notification on Admission and Examination for the Selection of Individuals for Appointment as Government Officials, specifying the exact date on which individuals selected would be called to report to the agency to sign employment contracts, even though the agency had not yet received its budget, and there were no existing circumstances to indicate whether the budget would be allocated or not, the issuing of the Notification in that manner by the agency would be considered as an action carried out negligently. And when the state agency rejected the individuals who were selected to come in to sign employment contracts, as stated in the Notification, and such failure caused damage to the individuals because they had resigned from their old jobs to prepare themselves for new jobs, such failure would be considered as a tort, according to Section 420 of the Civil and Commercial Code.

อ่าน 182   |  ดูรายละเอียดบทความ
ปรับปรุงเมื่อ 4 พ.ค. 2561, 14:18น.

Fail to admission and competitive examination for non-commissioned police officers because of having a criminal record

The phrase “being a person who misbehaves or who lacks good morals” is a legal phrase that does not define an exact meaning. As a result, it depends on the appropriate authorities to exercise their discretion to consider relevant facts and circumstances on a case by case basis, considering the honor bestowed upon government officials, the concerns of the public and the Buddhist moral code. Before the Plaintiff entered into a competitive examination for police officer, he has a record of having been convicted of a charge involving firearms, under the Act on Firearms, Ammunition, Explosives, Pyrotechnics and Fake Guns, B.E. 2490 (1947), which is a criminal offence. Although the Plaintiff was still a minor when he committed a crime, he was mature enough to differentiate between right and wrong and would have been aware of the results of such a crime. Additionally, since that time, he has not committed any further wrongdoings and has studied diligently and received a Bachelor degree but that cannot expunge his past from a record of misconduct and lack of good morals. Therefore, the decision of the Selection Committee of the Metropolitan Police to disqualify him on the grounds that he lacks the qualifications required for being a police officer under Section 2(2) of the Rules and Regulations of the Police Commission on Qualifications and Forbidden Characteristics for Being a Police Officer B.E. 2547 (2004) is a decision based on a lawful discretion.

อ่าน 213   |  ดูรายละเอียดบทความ
ปรับปรุงเมื่อ 5 เม.ย. 2561, 10:11น.

The Enchained Prisoners versus Rights and Liberties

According to Section 9 paragraph one (1) of Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999), the term “other acts” means an act exercising administrative power in compliance with the law other than the issuance of a rule or an administrative order. In other words, “other acts” is the physical exercise of administrative power or the administrative real act. When the Department of Corrections enchained prisoners under Section 14 paragraph one (3) of Penitentiary Act, B.E. 2479 (1936), it was the physical act, not the issuance of rule or administrative order. The treatment to the prisoners always deprived their rights and liberty as restricted by law. Even though Thailand, as the State party, has an obligation to practice in accordance with Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, the treatment for the prisoners shall be in compliance with the domestic laws unless the laws were amended in accordance with such Convention. Although the use of instruments of restraint was inconvenience to the prisoners, this act was restricted by laws and under the scope of necessity. In addition, the types and sizes of instruments of restraints depending on the prisoners’ behavior did not deprive of the prisoners’ rights and liberty. Therefore, when the Department of Corrections enchained death row prisoners, it was not unlawful.

อ่าน 288   |  ดูรายละเอียดบทความ
ปรับปรุงเมื่อ 9 มี.ค. 2561, 14:00น.

Prescription to File a Case to the Administrative Court after the Civil Court Strikes Such Case Out of the Case-List

The Arbitration returned the dispute to the party for settlement and the Civil Court had an order striking the disputed case out of the Case-List so as to file to the Administrative Court, which is a competent Court, according to Section 10 paragraph one (2) of Act on the Determination of the Powers and Duties among Courts B.E. 2542 (1999), without the adjudication. Consequently, the prescription was not interrupted pursuant to Section 193/17 of Civil and Commercial Code. In case where the contract is unlawfully terminated, the Plaintiff shall file the case to the Administrative Court within sixty day as from the date the Civil Court has an order striking such case out of the Case-List according to Section 13 paragraph two of Act on the Determination of the Powers and Duties among Courts B.E. 2542 (1999). The Plaintiff filed the plaint upon the lapse of the period of time. Consequently, the Administrative Court shall refuse to accept the case for trial

อ่าน 370   |  ดูรายละเอียดบทความ
ปรับปรุงเมื่อ 8 ก.พ. 2561, 09:15น.

An Unlawful Discretion of NACC to Refuse the Disclosure of Official Information

The lists of the injured and dead and the descriptions of the places of such injuries and deaths, which were possessed or controlled by the Office of the National Anti-Corruption Commission (ONAC), were considered as the official information. According to Section 56 of Constitution of the Kingdom of Thailand B.E. 2550 (2007) and Section 15 of the Official Information Act B.E. 2540, such official information was not the subject not to be disclosed. Therefore, there did not exist any reasonable grounds to refuse the disclosure thereof. When Defendant No.1 issued the order not to disclose such official information, it was deemed as an unlawful exercise of discretion. The mentioned order was hence unlawful and caused grievances to the Plaintiff by not having fully right to self-defense. As a result, Defendant No.1 did a wrongful act violating the Plaintiff’s right.

อ่าน 477   |  ดูรายละเอียดบทความ

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