Bangkok: Attention is focused on whether the "Chairman of the National Broadcasting and Telecommunications Commission (NBTC)" will relinquish his position or continue in his fight to overturn the selection committee's decision. The Administrative Court will have to decide whether to resolve this precarious situation.
According to Thai News Agency, the National Broadcasting and Telecommunications Commission (NBTC) selection committee's "final" ruling declared that Clinical Professor Dr. Soran Boonbaichaiyapruk, Chairman of the NBTC, "lacked the qualifications" under NBTC law. This decision effectively "waives his rights," resulting in his loss of commissioner status from the start. Although the ruling has caused significant upheaval, legally "this game is far from over" and may extend over the coming years.
A source from the NBTC indicated that while the selection committee's decision is final and typically non-appealable, the chairman retains options if he has new evidence. He can submit this evidence and request the selection committee to reconsider their decision. However, the ultimate choice to accept or reject the new evidence lies with the committee.
Legal avenues remain open under administrative law for appeal. Presently, the resolution from the Senate Secretariat must be returned to the Prime Minister's Office for consideration and further action. The Chairman is expected to seek clarification on the matter. If the resolution has not been formally notified to him, it is not considered an administrative order and cannot be appealed in the Administrative Court.
Should the Selection Committee or the Prime Minister's Secretariat provide written notification to the NBTC Chairman, it would constitute an "administrative order," allowing him to file a lawsuit with the Administrative Court. He could request a "temporary injunction" to continue his duties during the proceedings. However, the court's acceptance and approval of an injunction depend on three main conditions: the likelihood of the Selection Committee's decision being unlawful, the potential for serious disruption to government administration, and whether damages can be remedied retroactively.
If the court accepts the case and rules in favor of the chairman, the government could be liable for compensation, including back salaries with interest. This scenario might not satisfy conditions for a temporary injunction. However, without court protection, the chairman would be immediately removed pending a final judgment, which could take several years. The chairman is expected to pursue the case to validate his innocence.
The situation remains uncertain as it is unclear whether the selection committee will forward the matter to the Prime Minister's Secretariat and what actions will follow. The ambiguity will persist until further developments next week reveal whether the Chairman and his team can continue their duties.