Court upholds Pisit as auditor-general

THURSDAY, JANUARY 26, 2012
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The Supreme Administrative Court yesterday confirmed a lower court's decision not to suspend the appointment of Pisit Leelawachiropat as acting auditor-general pending a review on the job status of his predecessor.

Former auditor-general Khunying Jaruvan Maintaka brought up the administrative suit, arguing that Pisit’s appointment was wrongful since she was still the rightful office holder. She asked for a court order to put the appointment on hold until the completion of the judicial decision on her job.
The Central Administrative Court ruled in 2010 denying the complainant’s request. Jaruvan petitioned for an appellate review.
The high court ruled that the complainant failed to demonstrate how Pisit’s appointment would adversely impact on public interest or the complainant’s status, hence there was no justification for putting the appointment on hold.
The ruling also stated that Jaruvan opted to dispute the appointment after she had already reached the mandatory retirement age of 65, a ground for a reasonable doubt on whether she was still in a position to block Pisit from advancing in his career.
Jaruvan’s lawyer Thanee Puhin said the high court’s ruling was formed ahead of the Constitution Court verdict which said Jaruvan did not violate charter provisions in insisting on her mandate to carry on working beyond her retirement age.
The verdict did not touch on the administrative provisions on Jaruvan’s job status.
Thanee said he would file the ruling as evidence for the job status review.
The litigation arose because Jaruvan cited a coup order issued in 2006 giving her a mandate to remain in office beyond retirement. Although the Constitution Court handed down a favourable decision saying the coup order was constitutional, the administration review would have the final say on job status, legal pundits said.