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Conflict of Interest in the Security Guard Employment Contract*
Conflict of Interest in the Security Guard Employment Contract*

In the case where the Plaintiff who held the position of the Chief Executive of the Subdistrict Administrative Organization approved to employ his son to be a security guard of such Subdistrict Administrative Organization by using the state budget, it could be seen that the Plaintiff’s son would take some amount of his monthly wages to maintain his parent as the duties required by the law pursuant to Section 1563 of the Civil and Commercial Code. Although the employment procurement was lawful, such the Plaintiff’s approval was carried out for personal interest rather than public interest. Thus, it was considered that the Plaintiff had an indirect interest in a contract with such Subdistrict Administrative Organization which was prohibited by Section 64/2 paragraph one (3) of Subdistrict Council and Subdistrict Administrative Organization Act, B.E. 2537 (1994) and the amendment. As well, Defendant No.1 was empowered to inquire and render a decision to vacate the Plaintiff from his position pursuant to Section 64/2 of the said Act. The decision of Defendant No.1 vacating the Plaintiff from his previous position was deemed a reasonable and lawful discretion.

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