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The NCCC announced that it had found that Somchai had allegedly committed grave disciplinary offence for failing to punish two senior justice officials for their failure to impose a fee of Bt70 million for the auction of a land plot belonging to the Thanya Buri Provincial Court.

The NCCC decided to ask the Justice Ministry's Civil Services Committee to consider retroactively firing Somchai from service as permanent secretary for Justice.

Democrat Party executive Suthas Ngernmuen, who was then justice minister, also is accused of the same charge.

Senior judge Chamnan Rawiwanpong filed complaint with the NCCC against both Somchai and Suthas, alleging them with neglect of duty for failing to pursue legal action against Legal Execution Department director-general Praman Tiyapaiboonsin and his deputy Manit Suthaporn.

Praman and Manit failed to impose a fee of Bt70 million for the auction of a land plot belonging to the Thanya Buri Provincial Court.

If the Justice Ministry's Civil Services Committee agrees with the NCCC decision and retroactively fired Somchai from the government service, Somchai's qualification as the prime minister could be in question.

But Somchai could appeal against the decision of the justice civil services committee with the full Civil Services Commission.

If the Civil Services Commission upholds the decision to fire Somchai from the government service retroactively, he could be disqualified as the prime minister as the Constitution does not allow anyone fired from government service to become an MP.