The inappropriate application of the Administrative Procedure Act B.E. 2539 to the withdrawal of appointment of civil servants

Abstract

The Administrative Procedure Act, B.E. 2539 has come into force for 20 years, but the enforcement of this law still sees problems in practice, especially in the field of civil servant laws. The withdrawal of the appointment of civil servants is not regulated in the Civil Service Act, B.E. 2551, therefore the regulations in the Administrative Procedure Act, B.E. 2539 must be applied. However the regulations are improper to the application with civil servant laws, such as the stability of the civil servant’s position, the number of positions and the context of the enforcement of the Administrative Procedure Act, B.E. 2539, which has its root from Germany. Such application is conducted without examination whether, in the German legal system, said regulations on administrative procedure also apply to the withdrawal of the appointment of civil servants. In this article, the author would like to point out that the civil servants laws should have individual regulations procedures, and time period on the withdrawal of the appointment of civil servants separately from the Administrative Procedure Act, B.E. 2539.