Incompatibility of report disciplininary procedure of civil servants and the appeal of disciplinary punishment to the merit system protection board (MSPB)
Abstract:
The research in this thesis is aimed at studying the problems resulting from the incompatibility of report disciplinary procedure of civil servants and the appeal of disciplinary punishment to the Merit System Protection Board (MSPB) in Thailand. The proceedings of the United States of America, of the French Republic, and of the Republic of Austria will be analyzed and compared with Thailands in order to find problems and, therefore, solutions that make process of disciplinary proceedings and of appeal of disciplinary punishment order harmonious, that secure fairness for officials, and that truly remedy the damage that officials receiving disciplinary punishment suffer.The result shows that the problem of the disciplinary punishment revising proceedings, which overlap between two parallel bodies, namely the agency verifying the report and the agency considering the appeal, comes from the provision specifying that after the supervising official had the disciplinary punishment order, the order must be reported to Ministry CSSC or SCS to consider. At the same time, the official, who is subject to disciplinary punishment, has the right to appeal the order to MSPB. The law, however, did not provide the fixed accordant term of these two processes. Comparing to other countries laws, it is found that, in those countries, without the requirement that disciplinary punishment order is reconsidered by higher-ranked supervising official, the supervising official ordering the punishment order is not required to report the disciplinary proceedings; and that such a report is not deemed to be a part of disciplinary proceedings. This is because the disciplinary proceedings in those countries sufficiently secure fairness for their officials, comprising the authorities are justified that they are ethical and impartial. According to these factors, the disciplinary proceedings carry out properly and objectively. Under Civil Service Act, B.E. 2551 (2008), the so guarantee appears in the principle concerning disciplinary proceedings either. However, together with the legal requirement that disciplinary proceedings must be reported to Ministry CSSC or CSC; in verifying a disciplinary punishment ordered by a supervising official, there is an overlap between the proceedings conducted by the agency verifying the report and by the agency considering the appeal.To conform systematically the processes, to guarantee the fairness and to give the remedy to the official who is punished, it should limit the term of verifying the report of Ministry CSSC or SCS, or abolish the reporting process.