Sirote sacking ruled ‘unlawful’

Former Revenue Department chief Sirote Swasdipanich will be reinstated and his work benefits returned after the Supreme Administrative Court ruled yesterday his firing by the Finance Ministry for dereliction of duty was unlawful.

The court upheld the Central Administrative Court’s 2017 ruling against the Finance Ministry’s order to dismiss Mr Sirote in 2008 for failing to collect tax on the 1997 Shin Corp share transfer linked to former prime minister Thaksin Shinawatra’s former wife Pojaman Damapong.

The Central Administrative Court is a lower administrative court handling administrative cases in Bangkok, surrounding provinces, and several provinces in the Central Plains.

The reinstatement of Mr Sirote and the return of work benefits he would have received if he had not been fired must be done in 30 days from the day the final ruling in this case was handed down, according to yesterday’s judgement.

The Supreme Administrative Court found the National Anti-Corruption Commission (NACC) argument in its appeal against the Central Administrative Court’s ruling in favour of Mr Sirote unconvincing.

The NACC argued that the order dismissing Mr Sirote wasn’t an administrative order, which meant the court lacked the authority to rule on the case.

The Central Administrative Court at the time reasoned that there was no proof Mr Sirote had personally benefited or secured benefits for someone he knew in his decision to waive income tax for the 1997 Shin Corp share transfer.

A total of 4.5 million shares, worth 738 million baht, were transferred by Duangta Wongpakdi, who held the shares on behalf of Khunying Potjaman, to Bannapot Damapong, Khunying Potjaman’s step brother, about 20 years ago.

The NACC said Mr Sirote was guilty of deliberately not collecting tax on the transaction.

The Supreme Administrative Court, however, ruled that the allegation of tax avoidance against Mr Bannapot linked to the controversial share transfer would have to be proved separately.