00:00A High Court ruling is reinforcing the public's right to access information held by state bodies, while also sending a
00:09clear message to public authorities about accountability and transparency.
00:13Justice Frank C. Passard has ordered the Teaching Service Commission to provide documents requested by a secondary school teacher, Brandon
00:22Ramcharan, who sought access to adverse reports and correspondence recommending disciplinary action against him.
00:30The case arose after Ramcharan filed a Freedom of Information request in March of 2025, seeking several documents related to
00:39allegations that he was absent from work without leave.
00:42Among the records requested were adverse reports and memoranda sent to the Permanent Secretary in the Ministry of Education, recommending
00:51that abandonment proceedings be instituted against him.
00:54However, the Service Commission's department declined to provide those documents, saying the matter was still in an investigative stage and
01:03that it would be premature to disclose the information.
01:06Ramcharan then turned to the High Court, seeking judicial review of the decision.
01:11In his judgment delivered on March 15, Justice C. Passard ruled that the Teaching Service Commission's refusal to disclose the
01:18documents was procedurally flawed and inconsistent with the Freedom of Information Act.
01:24The judge noted that the commission failed to properly justify its refusal.
01:52The court was also critical of the commission's attempt to rely on leave.
01:59legal exemptions only after the matter had reached the court.
02:03Justice C. Passard described that approach as, quote-unquote, unfortunate and unacceptable, and said the commission could not introduce new
02:11reasons for refusing access after the fact without evidence.
02:16At the heart of the judgment was the principle of natural justice.
02:20Justice C. Passard emphasized that individuals who are accused of misconduct must be informed of the details of the allegations
02:29against them.
02:30In strong terms, the judge said, quote,
02:33In a civilized and democratic country, natural justice demands that an accused person must be informed as to the nature
02:40of the particulars of the advanced accusations, end quote.
02:44He added that the suggestion that such documents should remain secret was absurd and devoid of merit.
02:51The court also addressed the broader issue of transparency within public institutions.
02:57Justice C. Passard noted the reluctance to disclose information undermines public confidence in the administration of government bodies.
03:05He said, quote,
03:06In this republic, however, there seems to be an entrenched aversion towards accountability and transparency, and this attitude must be
03:15adjusted.
03:16The judge further observed that the regulations governing service commissions may be outdated and in need of reform.
03:22According to the court, modern public administration must reflect principles of openness and fairness.
03:30Justice C. Passard said,
03:32Disclosure of the documents would promote transparency, remove suspicion and mistrust, and strengthen public confidence in the work of public
03:40authorities.
03:41The high court therefore declared that Ram Chiron is entitled to the documents he requested.
03:47The court also quashed the Teaching Service Commission's earlier decision to deny access and issued an order compelling the commission
03:56to provide the documents within 21 days.
03:59Additionally, the commission has been ordered to pay legal costs.
04:02In closing, Justice C. Passard underscored the importance of transparency in the public sector, noting that investigations involving teachers and
04:11other public officers must be conducted in a way that ensures fairness and public trust.
04:18Ravashita Wari Ruknarein, TV6 News.
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