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ข้อมูลกฎหมาย/กฎ คำพิพากษา คำสั่งของศาลปกครองสูงสุดในรูปแบบดิจิทัล
The Issuance of the Administrative Order without Authority is the Issue of Law Concerning Public Order
The Issuance of the Administrative Order without Authority is the Issue of Law Concerning Public Order

In the case that an official of a government agency caused damage to another government agency, the Head of the department that has suffered damage and the Head of the department that the official who committed a tort is affiliated with, have the power to jointly consider the appointment of the Committee for Investigation of tort liability and joint decision-making procedure to make a decision on the matter and offer opinions, whether they agree or not, to the Ministry of Finance under Clause 10 of the Regulation of the Office of the Prime Minister on Rules and Practices Regarding Tortious Liability of Officials, B.E. 2539 (1996). When the Subdistrict Administration Organization, which suffered damages, has solely made an order appointing the Committee to investigate the tort liability, signed and submitted report to the Ministry of Finance and also issued the administrative order to the officer who committed the tortious act to pay compensation without letting the Head of the department of the official who committed a tort cosigns the order. Thus, it is considered as the case where an administrative order issued without authority. This case involved an issue of law concerning public order, which the Supreme Administrative Court may invoke such issue and deliver a judgment or an order accordingly. The administrative order, in this case is unlawful.




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ปรับปรุงข้อมูลเมื่อ : 4 ธ.ค. 2563, 11:02 น. | กลับขึ้นด้านบน |