Legal Problems Relating to Non-Serious Disciplinary Punishments in the Higher Education Civil Servants Regulation Act B.E. 2547 (2004)

Abstract

This academic paper studied the problem of provision on the discipline of civil servants in higher education institutions. The provision is the judicial due process on a basis of law enforcement in written form used by officers to announce the obligations, prohibitions and penalties for violation as well as identifying the disciplinary actions to punish an offender.   

According to the study of the discipline of civil servants in higher education institutions under the Teacher Civil Service and Educational Personnel Act, B.E. 2547 (2004) governing civil servants in universities, it was found that Section 38, Section 39, first, second and forth paragraphs, Section 40, first paragraph, Section 41, first paragraph, Section 43 and Section 44, first paragraph, imposed the obligations and prohibitions which are the factual attributes but it failed to provide the legal sequence like other disciplinary provisions in other sections and laws regarding the discipline of other kind of civil servants. This provision failed to conform to the merit system and rule of law and legal state principles which are the public laws developed for ensuring that ruler’s authorities obey the law. In case of punishing an offender, the disciplinary action violates the law since it breaks the no punishment without law principle.    

Thus, to ensure that the provision conforms to the Rule of Law and Legal State principles, the author suggests that the Act should be amended by adding statement defining its legal sequence in the Section or draw a new section to cover the whole provision.