A high price to pay for independent thinking

The NCCC's ruling has also found Khunying Tipawadee Meksawan, who was then serving as secretary-general of the Office of the Civil Service Commission (OCSC), guilty of a similar charge. Other big names who got caught in the NCCC's net include Somchainuk Engtrakul, then permanent secretary for Finance, Sommai Pasi, then deputy permanent secretary for Finance, Veera Chaiyatham, then an adviser at the OCSC, and Methee Pamaranont, then an OCSC representative at the Finance ministry.

This case would not have got the NCCC's attention if the Administrative Court had not deliberated on a complaint by an official at the Revenue Department. The official claimed that the appointment of the four deputy directors-general of the Revenue Department, as approved by a panel of Khunying Tipawadee, Sommai, Veera, Methee and Suparat, ran against the law. The Administrative Court ruled in favour of the plaintiff. The NCCC took the case further and ruled by a five-to-four margin against the five defendants.

As a result of the NCCC's ruling, the Finance Ministry has no choice but to remove Suparat from office as a disciplinary punishment. Korn Chatikavanij, the finance minister, is looking into the details of this case. He has expressed his sympathy to Suparat but might have no choice but to fire him.

The NCCC will also forward the case to the Office of the Attorney-General to lodge a further suit against Suparat. Earlier, Apirak Kosayothin had to step down from his post as governor of Bangkok in his second term after the NCCC ruled that he was involved in a scandal over fire-truck procurement.

It would be sad for the bureaucratic system and Thailand as a whole if Suparat has to lose his job as a result of this minor offence. Suparat is widely regarded as one of the country's top bureaucrats. He is a leading tax expert and fiscal policy planner. He is also one of the top minds at the Finance Ministry.

As permanent secretary for finance since 2004, Suparat has played a key role in reforming the tax collection system. This has resulted in an increase in the government's revenue. In addition, he has streamlined the tax return system, making the Finance Ministry's service more convenient for taxpayers. This is one of his most notable achievements at the Finance Ministry.

A scholarship student, Suparat earned his first degree in economics from the London School of Economics and Political Science and his master's degree in economics from Queen Mary College at the University of London. At the Finance Ministry, MR Chatu Mongol Sonakul, former permanent secretary of finance, recognised Suparat's talent. He promoted Suparat and gave him important assignments. He also predicted that Suparat would rise to the top at the ministry one day.

When Tarrin Nimmanahaeminda was serving as finance minister during the 1997 financial crisis, he also recognised Suparat's exceptional qualities and capabilities. Suparat carried out his role well as a technician during the crisis. In 1998 Suparat was promoted to director-general of the Fiscal Policy office and two years later to director-general of the Revenue Department.

Suparat reached the height of his career during the Thai Rak Thai era. In 2004, Somkid Jatusripitak, then finance minister, picked Suparat as permanent secretary, rather than Sathit Limpongphan, who was also competing for the top job. Suparat went on to play a key role in helping the Thai Rak Thai government formulate the populist economic programme as well as laying down the groundwork for tax reform.

In the Thai bureaucratic system, it is difficult for a civil servant to work under demanding politicians. Thaksin Shinawatra's regime lasted from 2001 to 2008. This was long enough to give the impression that Suparat was serving as one of regime's favourites. Suparat tried to distance himself from the Shin Corp deal, which involved questionable tax transactions.

The case against Suparat reflects how it is extremely difficult for a civil servant to work and make decisions. Civil servants have to operate under rigid regulations and tough laws. Any deviation from these can result in severe punishment. In this instance, the justice system, as represented by the independent NCCC, might have upheld the letter of the law without any room for civil servants to make decisions in a practical world.

Suparat is paying a high price for a rigid bureaucratic system that discourages decisions.