Remedies for Government Officials Suffering from Severe Disciplinary Punishments by Unlawful Administrative Orders: A Case Study of Local Government Organizations

Abstract

          This thesis aims to study and explore the principles and procedures for compensating and remedying state officials who have suffered damage from severe disciplinary punishments by unlawful administrative orders, particularly in the context of local government organizations. This research is divided into two main parts: the first part studies the theoretical concepts related to the powers and responsibilities in personnel administration, and the second part analyzes and compares the standards and methods of remedying damages resulting from disciplinary punishments that are not legally justified, both in Thailand and internationally.

          The study found that local government officials who were subjected to severe disciplinary actions faced both financial and non-financial damages. This raises the question of how the state should handle such damages, especially in the absence of specific laws or mandates from local government organizations that outline the compensation and remediation process. The lack of clarity could undermine the state’s ability to ensure justice for the affected state officials. To address this issue, the Office of the Civil Service Commission (OCSC) has issued regulations defining the compensation and remediation process for both appellants and complainants in cases of unlawful disciplinary actions. This approach reflects practices in other countries such as the United States, France, and Germany, which aim to restore state officials who have been disciplined to their original or equivalent positions as if they had never been dismissed from service.

          Therefore, appropriate compensation and remediation for local government officials who have been unjustly disciplined should be established in accordance with of the Moral System Protection Committee (OCSC) regarding damage compensation by upholding the principle of justice Act B.E.2565, rules, methods, and remedies for various cases involving appellants and complainants could be determined. for handling various cases to protect the rights of state officials and ensure fair treatment. It also aims to clarify the benefits and compensation that local government employees are entitled to.