Abhisit sued for refusal to reinstate Patcharawat
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The Supreme Administrative Court on Tuesday ruled to overturn a lower court's dismissal and order a judicial review on former prime minister Abhisit Vejjajiva's decision not to reinstate a national police chief.
As complainant, General Patcharawat Wongsuwan initiated the administrative litigation in 2009 accusing Abhisit of refusing to reinstate him without justification.
Patcharawat was the national police chief overseeing the anti-riot operations which triggered bloodshed on October 7, 2008 in connection with the blockade of Parliament by the yellow shirts.
The National Anti Corruption Commission subsquently ruled that Patcharawat was found to have violated serious disciplinary offence related to lapse of duty, resulting in his dismissal from the police service.
Following his dismissal, the National Police Commission had conducted a review on the case before forming a decision that it had compiled with the NACC recommendation to sack Patcharawat although it found no cause to punish him for serious disciplinary offence.
Based on its review, the NPC ruled to reinstate Patcharawat citing the mandate under the police service legislation. It said the reinstatement was justifified in a new round of review on the case after its obligation to compile with the NACC had already been done.
The NPC forwarded its report to the then PM Abhisit who put it on hold instead of implementation.
Patcharawat petitioned the Central Administrative Court for the judicial review. The lower court ruled in January to throw out the case on ground that the complainant failed to sue within the 90-day deadline.
The high court said, however, that Patcharawat had acted within the deadline because any delay in bringing the case to courts was attributed to Abhisit’s stalling tactics to implement the NPC report.
The case was sent back to the lower court to commence the judicial review.
Patcharawat’s lawyer Thanakorn Waekwaree said his client wanted the case to clear his name and restore retirement benefits previously denied to him.
