|Administrative Order to Impose Salary Deduction to Official in Case of Unlawful Approval of the Contract Extension|
According to Clause 132 of Regulation of Ministry of Interior on Procurement of Local Administration B.E. 2535 (1992) and Clause 220 of the agricultural waterway contract dated 13th September 2001, a contractor shall deliver written notice to an employer in the event of force majeure or circumstance and request for extending period of performance for 15 days from the date of termination of force majeure event or circumstance. In this case, the notice of the contractor for extending period of performance was delivered to the Plaintiff beyond 15 days from the date of termination of force majeure event. And the Municipal Clerk and the supply officer of Chomthong Subdistrict Municipality also gave opinions that the contractor’s request of the validity period extension was against Clause 132 of the said Regulation of Ministry of Interior and Clause 22 of the contract. The Plaintiff’s approval of the contract extension was undue exercise of discretion and illegal. The Defendant’s resolution of the Plaintiff’s salary deduction was lawful.