The Fact Inquiry on Liability for Wrongful Acts

Abstract

     The result of this research appeared that the fact inquiry on Liability for Wrongful Acts of the reimbursement of the expenses on 'the Administrative law and administrative procedure' training course under the authority of the judicial commission of Administrative court approval. Also, the reimbursement was conducted under the Act on Liability for Wrongful Acts of Officials, B.E. 2539 (1996); Rule of the Office of the Prime Minister on the Criteria for Acts on Liability for Wrongful Acts of Officials, B.E. 2539 (1996) such as the rule of the Ministry of Finance on Expenses in International Trainings, Provisions and Conferences, B.E. 2549 (2006); etc. To summarize, the 'Administrative law and administrative procedure' training course under the authority of the judicial commission of administrative court approval was a training session
with Diploma of Administrative Law and administrative procedure under the authority of the judicial commission of administrative court approval but without a vocational certificate provided. According to the rule of the Ministry of Finance on Expenses in International Trainings, Provisions and Conferences, B.E. 2549 (2006) and the amendments, the official could
apply for the reimbursement of the enrolment fee along with the expenses on the training course. After the examination, the Comptroller General's Department, the Ministry of Finance agreed with the investigation result. To clarify this, the reimbursement of the expenses on 'the Administrative law and administrative procedure' training course under the authority of the judicial commission of administrative court approval was not involved with intentional acts nor gross negligence, therefore; none had to indemnify the government.

     It can be concluded that an expense approval letter for an officer’s training expense on administrative law and the procedures of the administrative case training program which the Judicial Administration Commission approved is an administrative act that gives a person
money, property, or divisible benefits. In case the Chief Executive of the division has not forbidden the reimbursement and the person truly believes in the existence of the training approval letter and the right of training expense reimbursement from the government, along with the act of training payment and funding withdrawal or acts of execution of the contract, the person is acting in good faith. With no revocation of the approval or having later revocation order, the person, which has no more money he/she received from the government, doesn’t have to pay it back. With the act of withdrawal and spending under Ministry of finance
regulation on training, event organizing, and international conference B.E. 2549 (2006 A.D.), the
person is revealing no intentional act or gross negligence; consequently, no compensation
payment is needed for the government loss. Due to the lack of clarification of the word “certified vocational training”, many legal issues could not be solved and affected government officers’ performance. According to this problem,