Musical chairs can get a bit painful

The first bureaucrat to be affected was Thawil Pliensri. In early September, barely two weeks after the Pheu Thai-led government had officially taken power, Thawil was removed as secretary-general of the National Security Council (NSC) and made executive adviser to the premier. 

 

Just before Thawil was moved, Deputy Prime Minister Chalerm Yoobamrung, who is in charge of the police, said the former NSC chief would be replaced by outgoing national police chief, General Wichean Potephosree. 

 

Wichean’s seat at the police force was to be taken over by Police General Priewpan Damapong, who is the former brother-in-law of Yingluck’s brother – former PM Thaksin. 

 

Thawil took his case to the Merit System Protection Board on September 12, just six days after the Cabinet decided on his transfer. Thawil said the move was unfair and demanded his job back. 

 

A subcommittee led by the board’s chief, Sarawut Manasawet, is investigating his petition. The panel will hear closing statements from both the accuser (Thawil) and the accused (the prime minister) on Friday. The subcommittee will then make its recommendation, which will be handed over to Thawil’s supervisor – the prime minister in this case – and failure to follow the advice to lead to the charge of dereliction of duty under the Civil Service Act.

 

The merit board had appeared to be fair in its recent decision, ruling in favour of the complainants in some cases and in favour of their politician supervisors in other cases. For instance, in a case filed by former permanent secretary for Interior Pirapol Traisawit, who was transferred to become an advisor to the PM, the board rejected his petition on grounds that the then-prime minister had exercised his power under the Civil Service Act. 

 

However, in the case filed by former Local Administration Department director-general Wongsak Sawatpanit, who was moved to an inactive post at the Interior Ministry, the board resolved that the complainant should be reinstated in his old post. The then-interior minister had to appoint Wongsak as governor to Chiang Rai because his original position was already occupied. These two Interior officials had been transferred because they allegedly failed to abide by the interior minister’s policy. 

 

On the other hand, Thawil claimed he had not received any policy orders or shown any resistance, but was moved all the same. In a written explanation to the board, the prime minister simply confirmed her authority under the Civil Service Act and cited Thawil’s suitability for the new job, a source said. 

 

Moreover, Chalerm’s announcement that Thawil would be removed to make way for high-level changes within the police force might also have supported Thawil’s accusation that his transfer was unfair.

 

Lawyers at the PM’s Office said the Civil Service Act empowers the premier to transfer any permanent official and that the six positions of “executive advisor to the prime minister” had been created especially for high-ranking permanent officials who are moved out of their agencies. 

 

A source from the PM’s Office familiar with legal affairs said it was “unreasonable” to say that Yingluck had not given Thawil any policy orders, when she had summoned all state agency chiefs, including Thawil, on August 26, to inform them about her government’s policies. 

 

Thawil recently said: “I am confident in the Merit System Protection Board and the rule of karma.” 

 

Both sides are obviously keeping their fingers crossed as they await a decision on the case. A verdict for Thawil’s reinstatement could lead to some problems. For instance, it will be difficult to find a new position for Wichean, the current NSC chief, or for Thawil if the government decides not to give him his old job back. However, if Thawil does get reinstated at the NSC, he might find it difficult to work with this government and this could affect security operations. 

 

Yet his reinstatement would serve as a slap in the government’s face and a morale boost for many permanent officials.