Examination of National Anti-Corruption Commission (NACC)’s Authority in the Indication of Government Officials Serious Disciplinary Offenses by Administrative Court and Court of Justice

Abstract

The absolute authority of the NACC in the indication of government official’s serious disciplinary offenses has two penalties; fired or laid off. The commandants have to punish only such these two penalties. They cannot consider other penalties. Because of these reasons, the NACC is a semi-judicial organization. Unless this role of NACC has an appropriate check and balance, an injustice might be occurred. In case of the NACC indicates that the government officer did a serious disciplinary offense, the commandants have to punish the officer as same as the NACC’s indications. After the NACC has the indications, the public prosecutor will sue the officers in criminal cases to the court of justice. Even though the court of justice dismisses the case, the commandants still have to punish the officers like the NACC. In spite of the same type of offense and the evidence to prove the offense of the punished government officials disciplinary as the same set.

          Although, the punished government officers can bring the case to Administrative court after being punished by the commandants, there might be several damages. The amendment of the organic act on anti-corruption B.E.2561, article 99 is to increase power of the commandants or the authorized person. There has to consider the punished person that has not offense in addition to what the NACC identify the disciplinary offenses. If they can revoke the order, to fire or laid off as soon, there might be more justice to the government officers without bringing the case to Administrative court