PM Somchai will face mandatory dismissal.

Somchai would face mandatory dismissal under the anti-graft law of 1998 if the Justice Ministry's Civil Service Committee agrees with the NCCC after the commission forwards its report to the panel.

The dismissal would be made retroactive to the date of wrongdoing, but would not change Somchai's performance of his duties or his pay and benefits as a retired civil servant.

Somchai is entitled to appeal any disciplinary action to the ministry's committee and then to the Civil Service Commission, which has the final say in such matters. The commission has on several occasions before decided to withhold penalties in defiance of the NCCC.

Somchai refused to give interviews yesterday on the NCCC's ruling.

The crux of the disciplinary case against Somchai is his neglect in failing to penalise two senior officials from the Justice Ministry's Legal Execution Department.

Then director-general Pramarn Tiyapaiboonsin and his deputy Manit Suthaporn were found to have wrongfully waived a 5-per-cent fee on the auction of two plots worth Bt897 million as ordered by the Pathum Thani Provincial Court.

Under the ministry's chain of command, responsibility for Somchai's lapse of duty extends to then justice minister Suthas Ngernmuen and deputy permanent secretary Bandit Ratchatanan, who is now a senior judge.

The NCCC dropped disciplinary charges against Suthas since he was a political office-holder and subject to criminal law, not civil-service regulations.

It ruled to penalise Bandit and will forward his case to the Judiciary Commission for disciplinary action.

Justice Minister Somsak Kiartsuranont said he would appoint a panel to review the NCCC report before deciding the next move.

Somsak is the ex-officio chairman of disciplinary committees for justice officials.

He voiced scepticism on the merits and practicality of a retroactive dismissal for a retired official like Somchai.