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Official Duties to Disclose Information of N.C.C. Commission
Official Duties to Disclose Information of N.C.C. Commission

The inquiry file of a corruption offence from the completed inquiry process was deemed as the information acquired from the performance of duty of Defendant No.2 under the Organic Act on Counter Corruption, B.E. 2540 (1997) and possessed or controlled by Defendant No.1. Such inquiry file was thus the official information according to Section 4 of the Official Information Act B.E. 2540 (1997). Furthermore, Defendant No.2 also had the exclusive discretion to determine whether or not the information requested in writing should be disclosed. To exercise such discretion, it was necessary to consider Section 56 of Constitution of the Kingdom of Thailand B.E. 2550 (2007), as well as, the Official Information Act B.E. 2540 (1997), which is the specific law issuing the disclosure rule of the information in possession or control of a State agency. In this case, there did not exist any reasonable grounds that official information requested to reveal by the plaintiff not to be disclosed.
The Information Disclosure Tribunals further considered that Defendants
No.1 and No.2 had to disclose such official information in order to verify the transparency in performing their official duties. In addition, according to the Official Information Act B.E. 2540 (1997), Defendants No.1 and No.2 were the State agency and the State official, respectively; the decision of the Information Disclosure Tribunal hence had
a binding effect. Therefore, when Defendants No.1 and No.2 failed to comply with
such decision, it was deemed that both Defendants neglected official duties required by the law to be performed under Section 9(2) of the Act on Establishment of Administrative Courts and Administrative Court Procedure B.E. 2542 (1999).




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