Lawyers sue Thaksin for dereliction
The Bangkok Post
The Supreme Administrative Court today accepted a case filed last week by two lawyers representing the Lawyers Council of Thailand against caretaker Prime Minister Thaksin Shinawatra for failure to perform his duties.
However, the court said that the case did not warrant an urgent hearing nor a temporary injunction barring the three parties - Mr Thaksin, the Cabinet, and the Secretary-General of the Cabinet - from enforcing any royal decree pending the court ruling as requested by the complainants.
Nitithorn Lamlua and Nakorn Chompuchart sued Mr Thaksin, the Cabinet and the Secretary-General of the Cabinet for failure to perform their duties, following Cabinet approval on April 5 permitting Mr Thaksin to take leave, in an act deemed to be in violation of the law on public administration and the Constitution, among others.
It is elaborated in the suit that after informing the Cabinet of his planned leave on April 5, Mr Thaksin did not attend Cabinet meetings since April 7; nor has he performed the duties entrusted to him by the Thai people.
Instead, the caretaker premier has spent his time on private leisure activities such as shopping, golfing, and travelling abroad.
Citing various laws, the suit claims that Mr Thaksin's holiday is illegal. It states that there are rules on business leave, and a requirement for a medical certificate for sick leave of over three days.
Additionally, Thailand's Civil Service Act specifies that an act of intending to not work for 15 days is considered a dereliction of duty, which incurs the penalty of dismissal.
Moreover, Mr Thaksin's appointment of Deputy Prime Minister Chidchai Vanasatidya as acting prime minister is therefore also illegal, the suit charged, as the law only provides for such appointment in the event that the prime minister is away or incapacitated; while Mr Thaksin was in the country and was not ill.
As Mr Thaksin had made it clear that he did not wish to serve as prime minister, his act could be treated as resignation by dereliction of duty, and that he is, therefore, not entitled to salary or compensation from April 5.
The Lawyers Council of Thailand asked the Court to revoke the Cabinet resolution of April 5, 2006, which acknowledged Mr Thaksin's leave request and the appointment of Gen. Chidchai as acting prime minister, and to order Mr Thaksin to reimburse any salary and benefits as of April 5 to the state coffers. - (TNA)
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