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Exercise of Discretion to not Disclose Official Information
Exercise of Discretion to not Disclose Official Information

According to Section 11 paragraph one of the Official Information Act B.E. 2540 (1997), the responsible State agency shall provide the official information to
the person making the request within a reasonable period of time. Nonetheless,
if the official information is the subject to Section 15 paragraph one of the said Act, The Defendant No.2, as the
responsible State agency, has the exclusive discretion either to disclose or not to disclose such official information. In this case,
the documents requested to disclose by the Plaintiff were considered as the official information in regard to the complaint accusing the Plaintiff of committing a criminal offence or a breach of discipline.
Such official information was a ground for carrying out further legal proceedings and appointing the fact-finding commission. When
such official information was still in process of investigating, the disclosure thereof might have an adverse effect on investigation process or other relevant evidences, as well as,
it would result in the decline in the efficiency of law enforcement or failure to achieve its objectives as prescribed in Section 15 paragraph one (2) of the Official Information Act B.E. 2540 (1997). Furthermore, the appointment of fact-finding commission was to preliminarily investigate whether or not the case had sufficient merit to allege that such person committed a disciplinary breach. The Plaintiff was therefore not a party in the case according to Section 31 of the Administrative Procedure Act B.E. 2539 (1996).
The Defendant No.2’s order refusing the disclosure of such official information was legitimate.




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