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Right to claim for housing rent of government official in case of relocation during the investigation of disciplinary proceedings
Right to claim for housing rent of government official in case of relocation during the investigation of disciplinary proceedings

Royal Decree Housing Rent of Government Official B.E. 2547 (2004) and Regulation of Ministry of Finance on Criteria and Procedures regarding Withdrawal of Housing Rent of Government Agency, B.E. 2549 (2006) do not provide the specific time period for consideration of housing rent application, the government agency then has the duty to consider the application within reasonable time and by the case–by-case basis. The Plaintiff exercises the right to apply for housing rent due to the Order of relocation to perform official duties, at another place for the interest of fact inquiry during investigation process, resulting in the wrongfully performing official duty and suspicious behaviour to malfeasance made by the Plaintiff. Therefore, government agency has to make the consideration of the competent authority for the approval of housing rent application and the withdrawal from the budget owner. Moreover, the Plaintiff exercised the right to claim for the housing rent almost three years retroactively which could not be considered as a general case. This leading to the inquiry before the approval in order to ensure that the consideration of the housing rent is in a discreet and correct manner. Therefore, the consideration and approval of the housing rent application of the competent authority in the period of 339 days is a reasonable period of time and not a wrongful act according to the Section 420 of the Civil and Commercial Code.




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ปรับปรุงข้อมูลเมื่อ : 6 มี.ค. 2562, 11:22 น. | กลับขึ้นด้านบน |