In the complaint, Surachate accused Srettha of malfeasance in violation of Article 157 of the Criminal Code.
Last year, Srettha, who is ex-officio chairman of the Police Commission, picked Pol General Torsak Sukvimol, who was ranked fourth in seniority, as the new police commissioner-general.
At that time, Surachate was ranked second most senior after Pol General Roi Ingkhapairoj.
Surachate said he had submitted the same complaint to the NACC on April 22 but withdrew it a day later when he learned that former National Police chief Pol General Seripisut Temiyavej had filed a similar complaint with the NACC.
“I met Seripisut recently and learned that he had withdrawn his complaint. I don’t know why. I’m the one who was directly affected so I decided to submit the complaint again,” Surachate said.
In a major decision, Srettha had suspended Surachate and National Police chief Pol General Torsak Sukvimol on March 20 and set up a panel to look into the conflicts between the two.
On April 18, Srettha reinstated Surachate as requested by then-acting police chief Pol General Kitrat Phanphet, only to see him removed a few days later on allegations that he was involved in an online gambling den.
Surachate said his complaint accused Srettha of malfeasance because the PM did not take into account two criteria when he handpicked Torsak for the top cop post.
Surachate said the Royal Thai Police Act required the choice of police commissioner-general be backed by seniority and expertise and experience in crime prevention and suppression.
Instead, Surachate said, Srettha informed the Police Commission that he had picked Torsak because Torsak could respond to the government’s policies and he trusted his choice.
Surachate said Srettha failed to explain to the EC why he did not pick the deputy police chiefs who were ranked first, second and third in seniority for the post.
“So, the prime minister did not comply with the Royal Thai Police Act,” Surachate alleged.
Surachate said he was not sure whether he would be reinstated into police service, but he had to sue the prime minister for the sake of protection of the laws and regulations of the Royal Thai Police.