PACC chief selection ‘unlawful’
>> The Central Administrative Court has ruled the selection of the new secretary-general of the Public Sector Anti-Corruption Commission (PACC) is unlawful although the secretary-general can keep his job for now.
The court suggested that since PACC secretary-general Lt Col Korntip Daroj had nothing to do with the unlawful selection process, he should be allowed to stay on as the PACC chief pending a final ruling from the Supreme Administrative Court.
The ruling was given on Friday on a case submitted by PACC deputy secretary-general Chadchai Yod-udom — another candidate for job.
On Nov 16, last year, Mr Chadchai petitioned the court against the PACC board’s decision on Sept 4 last year to select Lt Col Korntip. Lt Col Korntip also previously served as former PACC deputy secretary-general.
Mr Chadchai argued that the selection was unlawful because the board had failed to notify the secretary-general of the National Anti-Corruption Commission, who is an ex-official member of the PACC board, of the Sept 4 meeting, which was in breach of regulations.
The absence of the NACC secretary-general from that meeting also had a bearing on the selection of the new PACC secretary-general, he said.
When the board voted to choose the new secretary-general, it was split down the middle, with three votes in favour of Lt Col Korntip and three votes opting for Mr Chadchai.
Therefore, the selection was decided by the board chairman who voted for Lt Col Korntip.
A source noted that had the NACC secretary-general been in attendance, the result of the vote may have been different.
Mr Chadchai asked the court to revoke both the selection and the National Legislative Assembly’s Nov 2 endorsement of it.
The Central Administrative Court ruled that the selection was unlawful, but will be nullified only if the Supreme Administrative Court upholds its ruling. This means Lt Col Korntip will stay on as the PACC chief pending the final ruling.
If the Supreme Administrative Court upholds the ruling, the PACC board must find a replacement for Lt Col Korntip.
The process to name the replacement must be completed within 60 days of a final ruling on the case.
The Central Administrative Court also denied Mr Chadchai’s request for a temporary injunction to bar Lt Col Korntip from carrying out his work as the PACC chief.
Lt Col Korntip said the ruling will not affect his work as it clearly stated that he was honest and not involved in the selection process.