The conflict over the position of the auditor-general is being played out in full public view with Khunying Jaruvan Maintaka refusing to step down despite reaching the age of 65, although Article 34(2) of the 1999 Constitution's organic law on state audit indicates an auditor general must quit the post "at the age of 65 years".
The key players wrestling with the Jaruvan issue are none other than her deputy Pisit Leelavachiropas, and her former adviser Senator Ruangkrai Leekitwattana.
Pisit has joined forces with high-ranking executives of the Office of the Auditor-General, objecting to Jaruvan continuing in her post and referring to the Council of State's opinion that Jaruvan is no longer qualified for it.
The issue has led to criticism of Pisit and raised questions about how could one whom Jaruvan had supported and promoted all along, including making him caretaker auditor-general, reward her like this.
Pisit said the conflict was not personal but resulted from differing opinions about the principle of the laws.
Pisit said the executives still respected Jaruvan personally. But their duty and the law restrain them from rewarding her for violating the laws and regulations. After thorough consideration, they decided to stick to the Council of State's opinion as the Office of the Auditor-General had already sought its ideas on the issue.
In the past, the Office of the Auditor-General always followed advice from the agency. This is the first case of an exception as it has withdrawn its request for advice. However, the withdrawal was too late and the Council of State had already replied. Society would not accept a refusal this time as an exception.
"We have to give priority to principles rather than to persons. Other-wise, would it be possible to say that if a person is good then he or she should be allowed to stay on forever? No. If someone stays in the post, it must be according to the accepted principles, not because of personal favour or respect. Our organisation is a scrutinising agency. Unless we scrutinise ourselves, who will trust us?" he said.
Regarding Jaruvan's support for him in the past, Pisit said he is a government official who has been promoted according to his work and achievement. Unless he was qualified,
Jaruvan would have been considered wrong in supporting him. However, he was experienced in auditing work at the regional level until he got a post at the office of audit on special affairs. He had expertise in what he did, so he was awarded the deputy auditor-general's post.
"If I have to pay anything back, it's to the Office of the the Auditor-General because we earn from people's taxes. We cannot pay back in the form of legal violation. The only thing we can do is to respect Jaruvan as she also contributed to the Office of the Auditor-General," Pisit said.
"Many people said I lack gratitude. In my opinion, following our own will without considering the facts can ruin our credibility. I don't care about people who condemn me. But unless they sought the truth, they were ruining their own credibility," he said.
In a separate development, Ruangkrai stepped forward to request the National Anti-Corruption Commis-sion, under Article 39 of the anti-graft law, to examine Jaruvan's assets after she avoided vacating the post. He also requested the Ombudsman to investigate and forward the case of Jaruvan's status to the Constitution Court and Administrative Court.
Ruangkrai said it was his duty as a senator to push for the consideration of Jaruvan's status. According to the law, an auditor-general should be out of the post on reaching 65.
He said although he had not talked to Jaruvan as often as before, he did not join forces with Pisit to attack Jaruvan.
"When someone we respect is going in the wrong direction, should we support her for heading the wrong way? I support and respect Khunying Jaruvan. But when I see the one I respect going in the wrong direction I will bring her back on the right track. How can we let her be reduced in public estimation, which means she will continue to have a negative image? I stick to the laws, not personal relationship. Although my words and what I do are like bitter medicine, it's necessary," he said.
"All government agencies accept the Council of State's consideration. [But] if the Office of the Auditor-General does not accept it, will other agencies? How can the Office of the Auditor-General clarify [its actions] to the public?" he said.
He said Jaruvan should reveal her true spirit. The organisation would survive, despite her departure.