Quick Links: Thailand Law Seminars and Conference | Thai Law Forum Past Issues | About Thailand Law Forum | Advertising Guidelines | Publishing Guidelines

Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand



Thailand’s Notable
  Criminal Extradition
  Cases


Guide for Tourists
  to Laws in Thailand



Neither Free nor Fair:
  Burma’s Sham Elections



Sex Laws in Thailand:
  Part 1



Renewable Energy
  in Thailand



Transsexuals and
  Thai Law



Foreign Mafia in
  Thailand

Submissions:

This translation has been prepared by Chaninat & Leeds, an American law firm in Bangkok. Their services range from corporate registration to family law, including US K3 visas in Thailand.




 

In the case of paragraph one, if the result of inquiry and consideration finds such person to have committed a non-gross disciplinary breach, punishment shall be refrained.

Section 101. Where a civil servant is subject to an allegation of having committed a gross disciplinary breach thereby resulting in the appointment of a commission of inquiry or a criminal prosecution or becoming a suspect for the commission of a criminal offence, except for offences committed through negligence or a minor offence, the supervising official authorized to make an instatement order under section 57 shall have the power to order a suspension from government service or a provisional discharge from government service pending the result of the inquiry or consideration or case outcome.

If subsequently the inquiry or consideration finds that such person did not commit a breach or the breach did not call for punishment by dismissal or expulsion, and there are no other causes for discharge from government service, such authorized person shall order such person to resume performance of official functions or resume government service in the original position or other position in the same category and level, or in a position category and level prescribed by the CSC, provided that such person meets the qualification requirements for such position.

Where a civil servant is subject to an order of suspension or provisional discharge from government service, if it subsequently appears that such person is subject to another allegation of having committed a gross disciplinary breach, the supervising official authorized to make an instatement order under section 57 shall have the power to conduct investigations or consideration and appointment of a commission of inquiry under section 93, including the power to continue with disciplinary proceedings as provided in this Chapter.

In the case where a person provisionally discharged from government service is ordered to resume government service, or is ordered to discharged from government service for reasons other than a punishment for commission of a gross disciplinary breach, such person shall retain the status of a civil servant throughout the period of provisional discharge from government service as if such person was suspended from government service.

Salaries, other monthly payments and other allowances, and the payment of such monies to the person suspended from government service and person provisionally discharged from government service, shall be in accordance with laws or regulations governing such matters.

A suspension from government service shall remain effective throughout the period of inquiry or consideration, except where the person suspended from government service files a petition under section 122 and the authorized person to consider the petition finds that it is appropriate to order such person to resume official duties prior to the completion of the inquiry or consideration because the conduct of the person suspended from government service does not pose an obstacle to the inquiry or consideration, and does not cause further disorder, or because the disciplinary proceedings have lasted for one year from the date of suspension from government service and not yet
completed and the person suspended from government service no longer exhibits such conducts, in which case the person authorized to order the suspension from government service shall order such person to resume official duties prior to the completion of the inquiry or consideration.

The provisions of paragraph six shall also apply to the case of an order of provisional discharge from government service.

The rules and procedures relating to suspension from government service, provisional discharge from government service, period of suspension from government service and provisional discharge from government service, resumption of official duties, or resumption of government service and proceedings consequential of results of inquiries and considerations shall be as prescribed by CSC Regulation.

Section 102. Punishment of a civil servant in a government agency governed by a specific law on official discipline, in the case of a nongross disciplinary breach under this Act, may be imposed as provided in this Act or an admonishment or punishment under such law on official discipline may be imposed as appropriate to the case and circumstances. However, in the case of a gross disciplinary breach under this Act, regardless of whether an admonishment was administered or punishment already imposed under such law, the supervising official shall undertake proceedings as provided in this Act.

Section 103. After a supervising official has ordered punishment under this Act or admonishment under a specific law on official discipline, or ordered the termination of the matter, or refrained punishment, a report shall be submitted to the Ministry CSSC to which the person subject to disciplinary proceedings is attached for consideration, except for the case of disciplinary proceedings on officials from different ministries or the case of a disciplinary proceeding pursuant to a resolution of the Ministry CSSC under section 97 paragraph two where a report shall be submitted to the CSC. The foregoing shall be as prescribed by CSC Rule.

In the case where a Ministry CSSC or CSC finds that a disciplinary proceeding is incorrect or inappropriate, if there is a resolution, the supervising official shall order or implement the resolution of the Ministry CSSC or CSC.

In the case under paragraph two and in proceedings under section 104, the CSC shall have the power to instigate a new inquiry or a supplemental inquiry under the rules and procedures prescribed by the CSC under section 95.

Section 104. In proceedings of the Ministry CSSC under section 97 paragraph two or section 103 paragraph two, if a representative of the CSC who is a sub-commissioner in such Ministry CSSC finds that the proceedings of the supervising official or Ministry CSSC resolution constitutes a non compliance of this Act or an inappropriate application, a report shall be submitted to the CSC for further action to be taken as appropriate to the case, and upon a resolution of the CSC, the supervising official shall order or implement the CSC resolution. The foregoing is subject to an exception where the punished person has appealed the punishment order of the supervising official to the MSPC, in which case the CSC shall inform the MSPC of its resolution as part of the appeals consideration.

Section 105. When there is a cause for imposing a heavier punishment, reducing punishment, refraining punishment or pardon, the ordering official shall issue a new order, and such order shall order the repeal of the original order along with a specification of proceedings to be taken with respect to the punishment already served, as prescribed by CSC Regulation.

Section 106. Where a civil servant transferred under section 64 was involved in a disciplinary breach prior to the date of transfer instatement, the supervising official of such civil servant shall mutatis mutandis undertake disciplinary proceedings under this Chapter. However, if the matter is pending investigation or consideration or inquiry by the previous supervising official prior to the date of transfer, the investigation or consideration or inquiry shall continue until completion and the matter shall be referred to the supervising official of such civil servant for further proceedings under this Chapter mutatis mutandis, provided that a disciplinary punishment order shall be in accordance with the breach and punishments under the law on local personnel administration or law on administration of the transferred official, as the case may be.

Next Page
[1]  [2]  [3]  [4]  [5]  [6]  [7]  [8]  [9]  [10]  [11]  [12]  [13]  [14]  [15]  [16]  [17]


 

© Copyright Thailand Law Forum, All Rights Reserved
(except where the work is the individual works of the authors as noted)