Abstract:
This thesis is focused on process of appointment and position changing in high-level civil servant. The purpose is studying problem of such appointment and position changing in Thailand, analyzing the factors of that problem, and reaching to solution. The used method is comparing between Thailand and foreign countries. By study these materials, we can provide transparency and impartiality in the appointment process. The study result shows that, Thailands process of appointment and position changing in high-level civil servant, there are problems in 2 steps. First, selecting process, before nominating for appointment, need to be complied with Office of the Civil Service Commission (OCSC)s letter, each letter provide specific criterion and these letters are scattered. There is still no codification on these letters in present time. Second, the section 36 of Civil Service Act B.E. 2551provides that The transfer of a civil servant, shall be as prescribed by CSC Regulation, but nowadays there is no promulgating of such regulation. This leads to the use of broad discretion of superior officer to transfer, rotate, or appoint other officer (civil servant). This makes some people accuse those superior officers has found in the Supreme Administrative Courts judgment. In foreign countries, the appointing system is unique. Due to the difference between Thai bureaucracy and other countries system, the author found that we cannot apply whole foreign idea with Thai law, whether it is Fix-Term Contract System, or Non-ongoing Employment. In foreign countries, there are 3 organizations take role in appointing system, which is the Civil Service Commission, politicians, and people from permanent personnel side. Each country has its own way to proportionate and exercise power between those 3 organizations. Regarding to this study, the author would like to offer the codification of criterions on appointment and position changing. They should be written in CSC Regulation on Appointing High-level Civil Servant. By doing so, we can establish clear and certain criterion on appointment, and narrow superior officers discretion to comply such criterion with Merit System, Good Governance and the Supreme Administrative Courts precedent and guideline.