A four-member Senate committee has unanimously ruled that Dr. Sarana lacks the necessary statutory qualifications to serve as chairman of the National Broadcasting and Telecommunications Commission (NBTC). The decision, announced on Friday, stems from concerns over Dr. Sarana allegedly maintaining outside professional roles while holding his position as an NBTC commissioner, a situation that has reportedly hampered the regulator’s operations.
Disqualification Based on NBTC Act
The Senate panel’s ruling was based on Article 8(2) of the NBTC Act of 2010, which mandates that commissioners must dedicate themselves to their roles on a full-time basis. The law strictly prohibits commissioners from holding other paid positions or engaging in any occupations that could potentially create conflicts of interest, whether direct or indirect. NBTC commissioners are compensated with a monthly salary and position allowance totaling 360,000 baht, with the chairman receiving a higher remuneration of 450,000 baht per month.
Allegations of Outside Employment
Evidence presented to the Senate committee suggested that Dr. Sarana, a distinguished cardiologist, continued to hold temporary employee status as a physician at Ramathibodi Hospital. This role reportedly involved hourly compensation from January 8 to April 12, 2022. Further information indicated that Dr. Sarana also conducted clinic hours at Samitivej Hospital and Rama 9 Hospital. While details of these hospital affiliations have since been removed from the respective websites, the panel considered this information as part of its review.
Dr. Sarana had previously resigned his position as a clinical professor at Mahidol University following his initial appointment to the NBTC in December 2021. He was subsequently appointed chairman of the commission in April 2022.
Bangkok Bank Directorship Raises Further Questions
Adding to the concerns, the Senate panel was informed that Dr. Sarana was appointed as an independent director of Bangkok Bank just one day prior to his nomination as NBTC chairman. This directorship, alongside the alleged continued medical practice, fueled the debate over his adherence to the NBTC’s stringent qualification requirements.
Instead of immediately relinquishing his NBTC role, Dr. Sarana reportedly sought a delay to obtain a legal interpretation from the Council of State. However, he later withdrew this request. The evidence concerning Dr. Sarana’s professional activities was reportedly submitted to the Senate panel by Dr. Supat Hasuwannakit.
Context of the Complaint
Dr. Supat Hasuwannakit is known for his outspoken stance and has previously been in conflict with the Ministry of Public Health, particularly during its leadership by Anutin Charnvirakul, who is now the prime minister. Dr. Supat himself faced dismissal from his position as a hospital director in Songkhla earlier this year. The official reason cited for his dismissal was that his procurement of Covid-19 antigen test kits during the pandemic did not comply with ministry regulations.
Legal Ramifications and Future Outlook
While the NBTC selection committee’s resolution has officially altered Dr. Sarana’s status, legal experts anticipate that the dispute is far from settled. The matter is likely to proceed to the Administrative Court for further adjudication. Wisanu Waranyu, deputy president of the Supreme Administrative Court and secretary of the NBTC selection committee, confirmed that the panel concluded Dr. Sarana did not meet the necessary qualifications for his position.
Dr. Sarana had previously contested the Senate committee’s authority to review his qualifications after his appointment. However, legal scholars like Prinya Thaewanarumitkul, a lecturer at the Faculty of Law at Thammasat University
