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ข้อมูลกฎหมาย/กฎ คำพิพากษา คำสั่งของศาลปกครองสูงสุดในรูปแบบดิจิทัล
Unlawful Dismissal Due to the Engagement of a Participant in Disciplinary Proceedings
Unlawful Dismissal Due to the Engagement of a Participant in Disciplinary Proceedings

A Committee of Gross Disciplinary Breach Investigation notified and explained the Plaintiff about misconduct allegations that were made against him, and informed him of evidence which the Committee obtained to support the allegations. The Committee also sent an investigation report to the Defendant No.1 and the Chairman of the Defendant No.2. Thus, the Committee conducted the investigation in accordance with the law. However, a qualified member of the Defendant No.2 who made a complaint against the Plaintiff attended a meeting for determination of penalties. The qualified member was deemed to be a participant and was prohibited to engage in an administrative process under the Administrative Procedure Act, B.E. 2539 (1996). As a result, the resolution to remove the Plaintiff from his office was unlawful and the order of dismissal issued by the Defendant No.1 with the approval of the Defendant No.2 became invalid. A decision to deny the Plaintiff’s appeal was also invalid even though the participant was not present in a meeting for a grant of permission to appeal.




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ปรับปรุงข้อมูลเมื่อ : 5 ส.ค. 2562, 10:00 น. | กลับขึ้นด้านบน |