Section 19. The J.C.A.C. shall consider and select persons with
qualifications under section 18 and with suitability for appointment as judges of an
Administrative Court of First Instance and shall then submit the nominations to the
Prime Minister, and the Prime Minister shall tender them to the King for royal
appointment. The J.C.A.C. shall consider and select judges of Administrative Courts
of First Instance for holding the positions of Chief Justice of the Administrative
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Courts of First Instance, Deputy Chief Justice of the Administrative Courts of First
Instance and Senior Judges of divisions of the Administrative Courts of First Instance
and shall then submit the nominations to the Prime Minister, and the Prime Minister
shall tender them to the King for royal appointment. The provisions of section 15
paragraph four shall apply to the appointment of judges of Administrative Courts of
First Instance mutatis mutandis.
Section 20. Before taking office as a judge of an Administrative Court
for the first time, an administrative judge shall make a solemn declaration before the
King in the following words: "I, (name of the declarer) do solemnly declare that I will
be loyal to His Majesty the King and will faithfully perform my duties in the name of
the King without any partiality in the interest of justice to the people and the public
order of the Kingdom. I will also uphold and observe the democratic regime of
government with the King as Head of the State, the Constitution of the Kingdom of
Thailand and the law in every respect."
Section 21. An administrative judge vacates office upon:
(1) death;
(2) resignation;
(3) expiration of the fiscal year in which that administrative judge
attains the age of sixty five years unless the judge passes the performance fitness
assessment for remaining in office under section 31;
(4) being disqualified or being under the prohibitions under section 13,
section 14 or section 18;
(5) being a bankrupt;
(6) being an incompetent or quasi-incompetent person or a person of
unsound mind or mental disorder;
(7) developing a disease or being of a physical or mental condition
which is unsuitable for the office of administrative judge as specified in the
notification of the J.C.A.C. with the approval of the general assembly of judges of the
Supreme Administrative Court;
(8) being removed from office under section 22;
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(9) being expelled under section 23. In the case of the vacation of
office under paragraph one other than under (1), it shall be presented to the King for
the Royal Command to such effect.
Section 22. An administrative judge shall maintain his or her conduct
in accordance with the judicial disciplines prescribed by the J.C.A.C. The J.C.A.C.
may pass a resolution removing any administrative judge from office in accordance
with the law on government pension fund in the case where such law allows the
removed person to receive a pension, but the removal from office with the right to
receive compensatory pension shall also be permissible only upon the following
circumstances:
(1) gross neglect in the performance of duties or misconduct as
prescribed in the judicial disciplines for administrative judges;
(2) lack of ability to perform official duties or suffering illness which
prevents consistent performance of official duties but which does not cause physical
infirmity;
(3) being imprisoned by a final judgment except for an offence
committed through negligence or a petty offence;
(4) the occurrence of the circumstances under section 21 (4), (5), (6) or
(7).
Section 23. The J.C.A.C. may pass a resolution expelling an
administrative judge in the following circumstances:
(1) malfeasance in office;
(2) gross disciplinary breach as prescribed in the disciplines for
administrative judges;
(3) being imprisoned by a final judgment except for an offence
committed through negligence or a petty offence.
Section 24. In considering the removal from office of an
administrative judge under section 22(1), (2) or (4), in conjunction with section 21(4)
or (7) or under section 23(1) or (2), the J.C.A.C. shall appoint an investigatory
committee consisting of four judges of the Supreme Administrative Court or
Administrative Courts of First Instance and one member of the Civil Service
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Commission under the law on Civil Service appointed by the Civil Service
Commission as members for the purpose of conducting an investigation.
In conducting the investigation, the investigatory committee has the
power to summon any administrative agency or person to provide facts, give
statements or furnish documents or evidence relevant to the matter under
investigation.
During the investigation or consideration under paragraph one, if the
J.C.A.C. is of the opinion that the continued performance of duties by the person
against whom the investigation or consideration is directed will cause detriment to the
official service, it may pass a resolution suspending the person from official service.
The suspension from the official service shall take effect throughout
the period of the investigation or consideration. Upon the completion of the
investigation or consideration, if it appears that the person under suspension has not
committed the act being the subject-matter of the investigation or consideration, such
person shall remain in the official service as previously.
The procedure for the investigation and the rights of the person against
whom the accusation is made and the persons concerned shall be in accordance with
the regulation prescribed by the J.C.A.C. with the approval of the general assembly of
judges of the Supreme Administrative Court.
Section 25. When any administrative judge vacates office without
having committed any wrongful act and such vacation is not that under section 21
paragraph one (5), section 22 or section 23, the J.C.A.C. may consider and elect that
person to resume official office as administrative judge in a position not higher than
the original office or its equivalent provided that such person has the qualifications
and is not under the prohibitions under section 13, section 14 and section 18, as the
case may be.
Section 26. Any administrative judge desirous to resign from official
service shall tender a letter of resignation and shall be deemed to vacate office upon
permission by the President of the Supreme Administrative Court.
In the case where an administrative judge resigns for the purpose of
holding a position prescribed by the Constitution or a political position or for the
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purpose of candidacy in an election, the resignation shall take effect as from the date
of his or her resignation.
Except the case under paragraph two, the President of the Supreme
Administrative Court may withhold the permission for resignation for the duration of
not more than three months as from the date of tendering the resignation if the
President considers it necessary for the official service.
Section 27. A transfer of any administrative judge to hold another
position in an Administrative Court must be upon consent of that administrative
judge, and the President of the Supreme Administrative Court has the power to make
appointment with the approval of the J.C.A.C. in accordance with the regulation
prescribed by the J.C.A.C. with the approval of the general assembly of judges of the
Supreme Administrative Court.
The provisions of paragraph one shall not apply to a promotion to a
higher position or an annual transfer or to the case of being under a disciplinary action
or becoming a defendant in a criminal case already accepted for trial by the Court.
Section 28. The President of the Supreme Administrative Court shall
have the responsibility in ensuring the orderly operation of the
Administrative Courts in accordance with the regulation prescribed by the J.C.A.C.
with the approval of the general assembly of judges of the Supreme Administrative
Court, with the Vice President of the Supreme Administrative Court assisting in the
performance of official duties as entrusted by the President of the Supreme
Administrative Court.
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