However, the court will still review whether Defence Minister Sukampol Suwannathat had acted lawfully last month by reassigning Sathien to an advisory job on a temporary basis.
The direct implication of the court’s refusal to issue an injunction against Sukampol’s order is that Sathien will remain in his new post pending outcome of the judicial review.
The continuance of Sathien’s secondment means two things: he will not be given a say in drawing up the military reshuffle list and the annual rotation of officers can proceed despite the ongoing litigation.
Sathien petitioned for a judicial review of his secondment following a row with the minister over the military line-up.
In a bid to rein in his subordinates, Sukampol assigned Sathien and his deputy, General Chatree Tatti, to advisory jobs. The court then ruled to lift Chatree’s secondment on grounds that he was not involved in the row.
Reacting to the ruling, Sukampol instructed the Judge Advocate Department and Defence Secretariat to study relevant provisions and advise him on the next move.