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Time limit of a new administrative order
Time limit of a new administrative order

In considering the appeal where the competent officer fails to complete the appeal consideration within sixty days as from the date of receiving the appeal and do not notify the appellant the necessity to extend the period of time for appeal consideration pursuant to Section 45 paragraph one and two of the Administrative Procedure Act B.E. 2539 (1996). It is deemed that the completion of sixty days for consideration is the date that the Plaintiff already take action for redress of
the grievance or injury in accordance with process and procedure as provided by law and have the right to bring the plaint to the Court according to the Section 42 paragraph two of Act on Establishment of Administrative Court and Administrative Court Procedure B.E. 2542 (1999). The plaint shall be filed to the Court within ninety days as from the date after the completion of sixty days as Section 49 of the said Act. However, the Plaintiff brought the plaint to the Court demanding to revoke the order to pay monetary damages on the lapse of time, the competent officer notified
the appeal consideration and informed the right to file the plaint to the Administrative Court. The said appeal consideration was deemed to be as a new administrative order and resulted to affirm the order to pay monetary damages. Even the relief sought attached to the plaint pleaded to revoke the said order without pleading to revoke
the appeal consideration, the Plaintiff brought such plaint to the Court after receiving
the appeal consideration which defined that the Plaintiff intended the Court to consider that appeal consideration as well. The appellant filed the plaint to the Court pleading to revoke such order to pay monetary damages within ninety days as from the date of receiving the appeal consideration was within the time-limit pursuant to Section 49 of Act on Establishment of Administrative Court and Administrative Court Procedure B.E. 2542 (1999).




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