Disciplinary Actions for Past Faults Identified by National Anti-Corruption Commission for Government Officials Who Have Ceased from Civil Services

Abstract

     The operations of government officials definitely shall be observed to ensure that they always comply with the regulation which is called “discipline”. When a government official commits an offence, there must listen to the facts, interrogate and investigate to enforce a disciplinary action accordingly. Moreover, the regulation clearly stipulates that it is eligible to apply discipline for those government officials who have already ceased from civil services as well. However, each institution also has its own rules and regulations which cause unfairness between government officials of different entities. Also, this may be an opportunity for them to apply for resignation to avoid a punishment which probably would affect their retirement package. At present, there are two laws that relevant to anti-corruption. Both of them have different rules and regulations for applying discipline for a government official. Although Organic Act on Supplementing the Constitution Relating to the Prevention and Suppression of Corruption has an intention to enforce it to government officials who corrupt, this obstructs them not to achieve it. If the regulation of an individual entity does not have a provision to support application of disciplinary action for government officials who have ceased from civil services or does not specify duration, it would allow a kind of gap of law. Furthermore, the Constitution of the Kingdom of Thailand (B.E. 2560) specifies that sovereignty belongs to all Thai citizens. There is the rule of law which aims for common benefits among the country and well-being of Thai people. The mentioned laws, therefore, shall not against the rule of law, restrict one’s liberty and rights or impact to human dignity of somebody. On the other hand, these laws shall be effectively applied to any person all the time, not only to a specific one or in a specific circumstance only. Thus the understanding about matters of the rule of law is necessary for law enforcement. Last but not least, it is an international standard that the retroactive administrative orders and governing rules are defined as “general law” which legal entities have to respect to.