The Authority of Teacher Civil Service and Educational Personnel Sub-Committee in Primary Educational Service Area (PESA): A Study of Disciplinary Proceedings on Teacher Civil Service and Educational Personnel.
Keywords:
Subcommittee on Teachers and Educational Personnel, Educational Service Area, Disciplinary Action, Independence, NeutralityAbstract
This research article aims to study the concepts, theories, and legal provisions related to disciplinary actions, as well as the authority and duties of the Subcommittee on Teachers and Educational Personnel in the Educational Service Area (A.K.K.S. of the Educational Service Area) regarding disciplinary proceedings for teachers and educational personnel.
The findings reveal that the Teachers and Educational Personnel Act B.E. 2547 (2004) contains provisions that are inconsistent with the independence of oversight bodies responsible for checking the discretionary power of superiors at the area level. The Subcommittee on Teachers and Educational Personnel in the Educational Service Area is not independent from the authority of the administrative executive, resulting in a lack of impartiality in the exercise of discretion. There are also issues related to the authority of central agencies in overseeing disciplinary actions, which contradict the principle of neutrality in the appeals process. The determination of authority in disciplinary actions requires consideration of whether the offense is serious. If not serious, it must be further considered whether the teacher or educational personnel holds an academic standing. If so, the authority lies with the Director of the Educational Service Area Office; if not, it lies with the school principal. Only in cases of serious misconduct does the authority to impose disciplinary measures rest with the Subcommittee on Teachers and Educational Personnel in the Educational Service Area.
The researcher proposes the following recommendations: (1) The bodies exercising disciplinary power should be separated from personnel administration bodies. Committee members should include experts in public law or administrative law. (2) The appeals process should be separated from the personnel administration process. (3) The Subcommittee on Teachers and Educational Personnel in the Educational Service Area should be authorized to handle all disciplinary matters, whether serious or minor, for teachers and educational personnel.
References
Ekkaboon Wongsawasdikul. (1991). Judicial control of administrative discretion in Thailand [Master’s thesis, Thammasat University].
Jamnong Klaiphan. (1997). Discretion in interpreting, adjusting laws, and imposing disciplinary sanctions: A case study on serious disciplinary offenses causing severe damage to government service [Master’s thesis, Ramkhamhaeng University].
Kamolchai Rattanasakawong. (1989). Basic concepts of administrative discretion in the Federal Republic of Germany. Journal of Administrative Law, 8, 5.
Office of the Teachers’ Civil Service and Educational Personnel Commission (OTEP). (2011). Compilation of laws and regulations on personnel management for teachers and educational personnel. Bangkok: OTEP, Ministry of Education.
Rongphon Charoenphan. (1978). The use of discretion in German law. Thammasat Law Journal, 9(4), 17.
Royal Institute. (2013). Royal Institute Dictionary B.E. 2554 (2011). Bangkok: Nanmee Books Publications.
Somyot Chueathai. (1987). Administrative acts. Thammasat Law Journal, 17(3), 50–51.
Teachers and Educational Personnel Act B.E. 2547 (2004). (December 23, 2004). Royal Gazette, 121 (Special Part 79Kor), 22–23.
Thaworn Kiattatubthiw. (2006). Explanation of administrative law, administrative court, administrative cases, and administrative procedures. Bangkok: Nitibannakarn.
Worajet Pakeerut. (2011). General Administrative Law. Bangkok: Nitirat.
Worapoj Wisarutphichit. (1989). Judicial control of administrative discretion. Journal of Administrative Law, 8, 37–38.
Worapoj Wisarutphichit. (2002). The principle of legality in administrative acts. In Administrative Law Study Guide. Bangkok: The Institute of Legal Education of the Thai Bar Association.
Wuttichai Jittanu. (2006). The application of the principle of proportionality in the protection of individual rights. Journal of the Constitutional Court, 8(22), 44–45.
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