New Principle of Disciplinary Proceedings for any Civil Servant who Retired from the Government Service

Abstract

According to disciplinary proceedings for any civil servant who already retired from the government service, it was prescribed in section 100 of Civil Service Act, B.E. 2551 stating that where a civil servant is subject to a written allegation for having acted a gross disciplinary breach, if the allegation was made towards the supervising official of such person, or towards a person carrying out investigations and inquiries or inspections pursuant to the law or regulations of official authorities, or the allegation was made by the supervising official of such person before retiring from government service, even if subsequently such person retires from the government service, The disciplinary proceedings shall continue as if such person has not yet retired, provided that the supervising official authorized to make an instatement order under section 57 must carry out the inquiry within 180 days as from the date of such person’s retirement from the government service.

Meanwhile, with regard to disciplinary proceedings, government officials other than those situated in Civil Service Act B.E. 2551 such as police and parliamentary officials are governed by legislations that are different from the Civil Service Act, B.E. 2551 in some prospects. For instance, National Police Act, B.E. 2547 prescribes that inquiry of the police who may have his or her service terminated, such inquiry may be continued, but shall be completed within a period of one year following the date of termination of service. Therefore, Central Personnel Agency including Office of Civil Service Commission (OCSC), Office of Police Commission, Office of Teachers and Education Personnel Commission, Office of Parliamentary Officials Commission, and Office of Teacher Civil Service and Educational Personnel Commission had held a seminar to gather comments on this particular matter.
It leads to amendment of legislations regarding disciplinary proceedings for government officials who has retired from governmental service. In this article, it only focuses on
the Civil Service Act, B.E. 2562, which is enacted to amend section 100 in the Civil Service Act, B.E. 2551. The new main principle applies under two circumstances. First, it is the case where a person has been alleged of having acted a gross disciplinary breach to a person prescribed under the law during his or her position as a civil servant. Although such alleged person is already retired from the government service, the government agency that such alleged person worked before the retirement could proceed serious disciplinary proceedings to that person, but the punishment order must be rendered within three years from the day of retirement. Second, in case where a civil servant, who already retired from the government service, has been alleged of a gross disciplinary breach, such allegation must be within one year from the day of retirement, and an inquiry must begin not exceeding one year after the retirement. Moreover, the punishment order must be rendered within three years in which it is similar to the provided period in the case in where the allegation was made before the retirement. Nevertheless, the aforementioned principle still leaves some particular remark regarding the timeframe of disciplinary proceedings.