Critical analysis of administrative order forms according to the law on tort liability of officials: Problems and suggestions for improvement

Abstract

Compliance with the Act on Liability for Torts of Officials B.E. 2539, which is a specific law that has criteria to guarantee fairness or standards in government service that are not lower than the criteria specified in the Administrative Procedure Act B.E. 2539. Study the case where the appointing officer agrees with the opinion of the committee investigating the facts of the tort liability of the officials who considered and ordered that someone be responsible for paying compensation to the government in accordance with Section 17 of the Prime Minister's Office Regulations on the Criteria for the Conduct of Officials Regarding Tort Liability, B.E. 2539, which is a form of investigation report as prescribed by the Ministry of Finance, causing an impact on the rights and duties of individuals, is considered an administrative order under Section 5 of the Administrative Procedure Act B.E. 2539. When a government agency has issued a written order to demand that the official pay compensation within the time limit as specified in Section 12 of the Tort Liability of Officials Act B.E. 2539, it is therefore a lawful act.