The finding said Surayud's order used only one major law - Article 11 (5) of the Organisation of State Administration Act of 1991. It did not follow an important subordinate law - Article 62 of the 2004 Royal Thai Police Act, which requires Kowit's mandatory mutual consent to the order.

"Those who exercise authority in the governing of the state are required to follow all relevant laws as a whole. They are not allowed to use only a specific law. A prime minister's authority under Article 11 (5) is applicable to the transfer of one official to another position - but not to revoke that official from his or her previous post," the finding said.

After being replaced by incumbent police chief Seripisut Temiyavej in February, Kowit was assigned a C-10 interim civilian post.

After the transfer of Police General Kowit from the Royal Thai Police (RTP), Seripisut was acting police chief for some time before officially being given the job on April 24.

Police legal advisers said Kowit was still entitled to his post, although not as commander of the RTP. "Not only does the order result in Police General Kowit Watana being transferred from the post of national police chief, it was also given unlawfully…" it concluded.

The Central Administrative Court had earlier turned down Kowit's complaint over his appointment to the PM's Office Ministry, saying it could not intervene in an unfinished and parallel appeal by the Police Commission, which is still considering a complaint by Kowit over his transfer.

Kowit lodged a complaint with the Police Commission to protest his appointment to a position at another government agency without his mutual consent. The Police Commission has not finished looking into his complaint.

Kowit was also considering filing a malfeasance charge against Surayud for transferring him to the civilian post without his mandatory mutual consent, said his lawyer, Narin Wongthai.