Court rules against embattled NBTC chief

The Central Administrative Court has rejected a petition filed by National Broadcasting and Telecommunications Commission (NBTC) chairman Sarana Boonbaichaiyapruck, seeking to overturn a ruling that found grounds for his removal, saying he had not yet suffered a legally actionable injury. The court also indicated that the prime minister must first submit the matter for royal consideration before the NBTC chairman can be formally removed from office. In an official order issued on Friday, the court refused to accept the petition for consideration and formally struck the case from its docket. Dr Sarana had sought the revocation of a decision by a Senate selection committee overseeing NBTC appointments and requested an injunction suspending its enforcement. He also asked the court to halt the submission of the matter for royal consideration, allowing him to continue serving as chairman, and sought an order suspending the selection and appointment of a replacement. The legal standoff had brought the work of the NBTC board to a halt, delaying rulings on some major issues related to the telecoms and broadcast industry. Three members of the seven-member board have boycotted the last two meetings because they say Dr Sarana should no longer be chairing them. The court noted that the Senate selection committee had earlier found Dr Sarana to be in violation of the Frequency Allocation Act, which spells out requirements for NBTC board members. Under the provision, NBTC commissioners must not be employees of, or contracted by, state agencies, state enterprises or local administrative bodies, nor serve as directors or advisers to such organisations. They are expected to work full-time for the regulator, which offers remuneration well above the average for similar bodies. Directors receive 360,000 baht a month in salary and benefits and the chairman earns 450,000 baht. Evidence reviewed by the selection committee showed that Dr Sarana continued to work as a physician at Ramathibodi Hospital, a state agency, after being appointed to the NBTC in December 2021. A renowned cardiologist, Dr Sarana also continued to consult at other hospitals and see patients, saying he had a duty to follow up on their care. The court said Section 20 of the law requires a selection committee ruling for removal to be submitted for royal consideration for the issuance of a royal command removing the official from office. The ruling means the selection committee’s decision remains in effect and that Dr Sarana cannot argue that it has yet to take legal effect. As a result, his requests for temporary protection, including suspending the enforcement of the committee’s ruling, halting the formal submission of the matter for royal consideration and suspending the process to select a replacement, were dismissed. Officials involved in the process may now proceed in accordance with the law, as there is no legal basis for delaying action under the Frequency Allocation Act, the court said.