Legal problems about Merit System Protection Board in the Office of the Administrative Court

Abstract

          This thesis aims to study the fundamental information, concepts, theories and the principles of public law about Merit System Protection Board as well as the process and consideration of appeals of administrative orders of civil servants in foreign countries and Thailand. The result of the comparative study will give appropriate guidelines for resolving legal problems about Merit System Protection Board in the office of the administrative court according to the Act on Establishment of Administrative Courts and Administrative Court Procedures B.E. 2542 (1999) and regulations governing the rights of the heirs to appeal against discipline action of personnel in the Office of the Administrative Court.

           It appears that the Act on Establishment of the Administrative Court and Administrative Court Procedure B.E. 2542 (1999) establishes the structure and power of Merit System Protection Board in the Office of the Administrative Court as well as the appeal process for disciplinary action and the consideration of the appeal against the disciplinary action. The following conclusions have been identified:, such as, commission form of public authority, the rule against bias and the protection of rights and liberty. Firstly, legal problems about the form and expertise of Merit System Protection Board in the Office of the Administrative Court. Secondly, legal problems about the process of considering the appeal of the disciplinary action of the Merit System Protection Board in the Office of the Administrative Court. Thirdly, legal problems about the rights of the heirs in the appeal process against disciplinary action of personnel in the office of The Administrative court. The above-mentioned problems affect trust and faith in the merit system of the Office of the Administrative Court. Also, when the officers in the Office of the Administrative Court are not confident in the merit system because of unfairness. This will affect the moral and effectivity of the officials. In addition, the officers of the Office of the Administrative Court will file a lawsuit to the Court which resulting in case overload at the Administrative Court.

          Therefore, by comparing with the concepts, theories and principles of public law concerning the form of Merit System Protection Board of civil servants in foreign countries, such as Merit System Protection Board of United States of America and the form of the merit system of other civil servants organizations in Thailand, such as Merit System Protection Board in the Civil Service Act 2008 to solving problems concerning the Merit System Protection Board and the process of appeal against the disciplinary order in the Office of the Administrative Court. The researcher agreed that Act on Establishment of the Administrative Court and Administrative Court Procedure B.E. 2542 (1999) should be amended. There shall be a Merit System Protection Board in the office of the administrative court in an appropriate form with external experts. The commissioner must be impartial and independent from the personnel management organization to solve problems concerning the from and expertise of the Merit System Protection Board in the office of the administrative court. The protection of the merit system can generate trust in the administrative court which resulting in enhancing officers' performance effectively and can also reduce conflicts within the organization.