“interest of service” the basis for controlling issuance of civil servant transfer order

Abstract

Even though according to the principle of public administration the chief of each government agency has the authority to issue orders for smooth administration of the agency, including using discretion in transferring civil servant as appropriate. However, the civil servant transfer orders are like the other administrative act which are subject to the principles of legality and accountability. The consideration of “interest of service” is one of the bases for the Administrative Courts in other countries and in Thailand in examining whether the civil servant transfer orders are for the interest of service. Therefore, it should be studied whether How Administrative courts in each country lay down rules on “interest of service” to be used as a “criteria” for controlling discretion in issuing civil servant transfer orders which can be used as
a guideline to control the administration to issue transfer orders reasonably and proportionately, and to prevent the administration from using arbitrary powers which will have considerable impact on the rights of the transferred officer.