Bangkok: Deputy Prime Minister Pakorn Nilapraphan has confirmed that administrative orders are effective immediately, and those dismissed from civil service will have their salary and benefits withheld. Pakorn took to Facebook to elucidate the legal principles surrounding administrative orders to foster a correct understanding among the public.
According to Thai News Agency, Pakorn detailed 11 key principles of administrative law, focusing on the immediate enforceability of administrative orders. He emphasized that these orders take effect when the concerned individual is notified, as per Section 42 of the Administrative Procedure Act. The orders can create, transfer, alter, or suspend rights, and once received, they take immediate effect, ceasing the payment of salary and benefits for dismissed civil servants.
Pakorn explained the procedures for challenging administrative orders, noting that if the law doesn't specify a method, an appeal must be filed under the Administrative Procedure Act or with another agency before proceeding to the Administrative Court. He also clarified that filing a lawsuit does not automatically suspend an administrative order's enforcement unless specifically ordered by the court or the authority handling the appeal.
The Deputy Prime Minister highlighted the principle of "the stability of administrative orders," stressing that an order remains in effect unless suspended by the appropriate authority. He warned against rhetoric that could create distorted beliefs in society, emphasizing the need to understand the legal processes involved.
Pakorn pointed out that if the Administrative Court later finds an order unlawful, it must be annulled, and redress provided. Conversely, if deemed lawful, the order's effects remain valid from the notification date. He concluded by urging the public to comprehend these principles to avoid misconceptions.