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created by the law. Such relationship is different from that between an employer and
an employee under a contract, a juristic act binding upon the parties under private law.

Unlike civil contracts, the administrative procedural law is therefore needed to govern
the juristic relationship between a government agency and a relevant individual, for

instance the matters regarding recruitment, appointment, promotion, salary raise,
disciplinary action, and termination of such relationship. In other words, the

administrative procedural law is embedded in the management of human resources.
A failure to comply with the administrative procedural law will render any administrative

act unlawful and can lead to the revocation of that unlawful administrative act. 35

b) Budgetary management

Administrative procedural law is also required in the budgetary
management of government agencies in order to manage the fruits which derive

from administrative acts, in particular administrative orders which involve
government spending. A failure to comply with the administrative procedural law

will render an administrative act unlawful and can lead to the revocation of such an
unlawful administrative act. 36

35. Supreme Administrative Court’s judgment No. Or. 4/2547 (2004)) - Investigation of an inconsequential
disciplinary misconduct is lawful only after the Plaintiff has been sufficiently notified of the order
establishing a fact-finding committee as well as the facts of the counterclaims, and the officer has
granted the opportunity to the Plaintiff to rebut them and furnish evidence to nullify such claims in
accordance with Section 29 paragraph 1 (2) and Section 30 paragraph 1 of the Administrative Procedure Act.
In addition, an Opinion of the Administrative Procedure Committee No. 471/2548 (2005) - the order of
the Committee of the Medical Council ruling on allegations of misconduct by a medical practitioner
which affects the status of the rights or obligations of a person is an administrative order.
36. Supreme Administrative Court’s judgment No. Or. 245/2549 (2006) - revocation of an unlawful
Administrative order approving rental allowances which gave rise to pecuniary benefits shall be
considered in accordance with Section 49 and Section 51 of the Administrative Procedure Act B.E.
2539 (1996), together with Section 412 of the Civil and Commercial Code.

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