The resignation of a top civil servant within the Ministry of Agriculture and Cooperatives has sparked allegations of ministerial abuse of power barely a month into the new Cabinet’s tenure.
Rachen Sillaparaya dropped a political bombshell when he complained he was “unfairly transferred” after refusing to cooperate with a nephew of Agriculture and Cooperatives Minister Suriya Juangroongruangkit. Rachen – who quit after being shunted from Department of Royal Rainmaking and Agricultural Aviation director-general to inspector general – claims to have audio and video recordings to support his allegations.
Critics were quick to attack the minister, declaring that the controversy stemmed from Thai politicians’ inability to distinguish between personal interest and the public good. This “culture of power abuse” persists, they said, despite previous cases in which the guilty were held accountable.
Suriya, who assumed office in early April, confirmed his nephew had approached Rachen to discuss “possible business plans”, but insisted this was not related to the order for Rachen’s transfer.
The row between Rachen and Suriya is being viewed as a David-and-Goliath style struggle. It is extremely rare for Thai civil servants – no matter how high-ranking – to challenge their “big boss”, the minister.
‘Approached for a deal’
Rachen said that sometime between February and March, his secretary began receiving calls from a man seeking a meeting with him to discuss the possibility of a contract to maintain the fleet of around 30 department aircraft used for artificial rainmaking. He said he turned down the request because he was busy working upcountry.
Rachen added that shortly before the Cabinet assumed office in early April, he declined an invitation to discuss his department’s budget plans with the same man at a political party’s headquarters. According to media reports, the unnamed political party is part of the ruling coalition.
The top bureaucrat was transferred to the role of inspector-general on April 28 – a move widely regarded as a demotion – after rebuffing the invitations. He tendered his resignation the following day, explaining he was “unable to comply with the political leadership's policies”. He told reporters that he was quitting to protect his dignity as a civil servant.
In his resignation letter, he said he would leave office on June 23, more than three months before his mandatory retirement on September 30. Rachen disclosed that he had earlier planned to resign on August 7 when he turns 60.
Last Friday (May 1), Rachen revealed he planned to take leave and ordain as a Buddhist monk on May 25 through June 23, when his resignation takes effect.
Suriya’s side of the story
Suriya, a senior Pheu Thai politician, acknowledges his nephew sought meetings with Rachen, but denies the bureaucrat was transferred for declining his requests. Instead, Rachen was shifted because the “job requires someone with talent and energy”, he said. Suriya added that he only learned of the failed approach from his nephew, after Rachen had declined his invitations.
“If I had known about this beforehand, I would have asked [Rachen] to meet [my nephew] for talks that could potentially benefit his agency’s work. But I would have ordered his transfer [in favour of a more suitable candidate] even after such talks. It is generally recognised that ministry officials nearing retirement age lose their hunger for the job,” the minister said.
Suriya challenged Rachen to take legal action if he believed the transfer was unfair, while threatening to countersue over any allegations he deemed defamatory.
Suriya’s nephew, former Nok Air CEO Wutthiphum Jurangkool, also denied the allegations. “I have no intention of getting involved in the current conflict,” he said in a May 1 Facebook post. “I believe that the facts that have come to light show that the allegations are not consistent with the truth.” However, the post did not directly reject Rachen’s claims.
Rachen, meanwhile, postponed a date to submit his petition claiming unfair dismissal to opposition Klatham Party MPs. Klatham’s previous leader, Narumon Pinyosinwat, was serving as agriculture minister when Rachen was promoted to director-general of the Department of Royal Rainmaking and Agricultural Aviation in January last year. However, Rachen maintains that as a career bureaucrat, he is politically neutral, dedicated to serving the agricultural ministry regardless of the party in charge.
Complaints against the minister
While Suriya insists he is innocent, two high-profile complainants have filed separate petitions accusing him of gross ethical misconduct.
On May 1, Srisuwan Janya, an activist with a long history of filing complaints against political officeholders, petitioned the National Anti-Corruption Commission (NACC) to investigate whether Suriya’s transfer order for Rachen constituted gross ethical misconduct. He alleged that the minister may also have violated constitutional provisions prohibiting conflicts of interest.
On the same day, Ruangkrai Leekitwattana, another serial petitioner, lodged a request with the Election Commission to probe Suriya’s actions, alleging grounds to remove him from his post as a government minister, as per the Constitution. Ruangkrai said the charter requires that ministers “be of evident integrity” and “comply with ethical standards”.
History repeating?
Observers point to similar allegations just over a decade ago, when the prime minister paid the ultimate price for blurring the boundary between public interest and vested interests.
In 2011, then-prime minister Yingluck Shinawatra issued an order to replace National Security Council secretary-general Thawil Pliensri with Wichean Potephosree, who was then the national police chief. Thawil was appointed as a prime ministerial adviser. Wichean’s vacant seat at the Royal Thai Police was filled by his deputy, Priewpan Damapong, who is the brother of ex-PM Thaksin Shinawatra’s former wife Potjaman Na Pombejra. Thaksin is Yingluck’s brother.
Thawil claimed that PM Yingluck’s transfer order was unlawful and took his case to the Administrative Court. After a long legal battle, the Supreme Administrative Court finally annulled the transfer order in February 2014.
A group of 28 senators then petitioned the Constitutional Court accusing Yingluck of interfering with bureaucratic transfers to benefit her relative. In May 2014, the court found Yingluck guilty of power abuse, ordering her removal as caretaker PM and defence minister.
