|An Unlawful Dismissal Order Issued by the State Official on the Basis of Incompetent Resolution of NACC|
According to Section 301 paragraph one (3) of Constitution of the Kingdom of Thailand, B.E. 2540 (1997) and Section 19 (3) of the Organic Act on Counter Corruption, B.E. 2542 (1999) the National Anti – Corruption Commissioner (NACC) has powers and duties to inquire and decide whether a State official has become unusually wealthy or has committed an offence of corruption, malfeasance in office or malfeasance in judicial office. In this case, only the corruption offence was the disciplinary offence in the competence of the NACC. When the other three offences were not under the NACC competence, the resolution of the NACC did not bind the Defendant. The report, documents and opinion of the NACC was not the disciplinary inquiry file of the disciplinary inquiry committee according to Section 92 of the Organic Act on Counter Corruption, B.E. 2542 (1999). In addition, there was no rule of the Department of Lands stating that the Plaintiff had official duty to survey plots of land by his own. And there was no evidence that the Plaintiff conspired with someone in intentionally issuing or omitting to issue land title deeds for undue benefits of his own or the others against Section 82 paragraph three the Civil Service Act, B.E. 2535 (1992). The dismissal order of the Defendant by the resolution of the NACC was unlawful.