ศาลปกครอง

Termination from police service because of having a criminal record on leading an assembly

The Plaintiff claimed that the Defendant No.2 issued an order of the instatement of persons to the police service as Non-Commissioned Officer from candidates who had been selected and had passed the competitive examination for 460 persons, dated 25th September B.E. 2552 (2009). The Plaintiff was instated and appointed to the position of Squad Leader, Crowds Control Sub-Division 2, Protection and Crowds Control Division. Later, the Defendant No.2 issued an order terminating the Plaintiff from his police service due to the fact that he had a record of criminal offence on leading an assembly and gathering of persons relating to low paddy price issue. Therefore, the Plaintiff was considered as a person having bad behavior and lacking of good morals, which resulted in a disqualification as prescribed by Rule 2(2) of the Regulation of the Police Commission on Qualifications and Prohibited Characteristics for Being a Police Officer, B.E. 2547 (2004). The Plaintiff submitted an appeal letter to the Police Commission. The Police Commission had a decision that the order terminating the Plaintiff from police service was lawful. As a result, the Plaintiff filed a plaint with the Administrative Court to adjudicate or order the Defendant No. 1 to revoke the order, date 30th August B.E. 2553 (2010) amended on 11th May B.E. 2554 (2011), only in part of the termination from service. The Administrative Court of First Instance ordered a revocation of the said order. The Supreme Administrative Court affirmed.