PM to fight Thawil's return as NSC chief
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Yingluck eyes legal precedent for moving officials
Prime Minister Yingluck Shinawatra has decided to appeal to the Supreme Administrative Court against the reinstatement of Thawil Pliensri as secretary-general of the National Security Council.
Tongthong Chandransu, PM’s Office permanent secretary, said yesterday that Yingluck would follow the recommendation of the government’s legal advisory committee headed by PM’s secretary-general Suranand Vejjajiva that she appeal the Central Administrative Court’s order to transfer Thawil from his advisory post back to the NSC.
Tongthong, a member of the committee, said there was a legal ambiguity that might interfere in the government’s ability to transfer officials from an active position to an inactive position of the same grade.
The lower court had compared the two positions – NSC chief and government adviser – in terms of whether they were equally active and judged the transfer as unfair, he said.
“The government will not be able to transfer heads of state agencies to become advisers to the PM or ministers. At ministries, the government cannot transfer directors-general to inspectors’ posts even though they are at the same level and enjoy the same salary and perks,’’ he said.
The PM not only wants to get a final determination but also to set a precedent that can be used in administration in the future.
“The decision to appeal is not to harass anyone but to bring about legal clarity,’’ he said.
‘Decision questionable’
Thawil said he would look into the details of his case before taking further action. He questioned why the government did not lodge an appeal in the case of Interior Ministry permanent secretary Peerapol Traitossawit.
Tongthong said the government chose to close the Peerapol case because he had retired.
Thawil has threatened to petition the National Anti-Corruption Commission and the Ombudsman if the government files an appeal in his case.
The court earlier referred to the transfer of former national police chief Wichean Potephosree to replace Thawil at the NSC, saying it was done to clear the way for Pol General Priewpan Damapong to succeed Wichean as police chief and not for the sake of efficiency or the job. The transfer was also conducted in a hasty manner.
NACC member Klanarong Chantik, meanwhile, denied that he had pushed Thawil into filing impeachment proceedings against Yingluck for getting him unfairly transferred.
He said he had only commented that if Thawil could file a petition with the NACC, then the agency would decide whether it had the authority to rule on such a case.
