A HIGH COURT judge has ordered the Teaching Service Commission (TSC) to provide documents and information requested by a primary school teacher on a misconduct complaint made against him.
In the event the documents are no longer in the TSC’s possession, the commission will have to compensate the teacher. An assessment will be done by a master of the High Court. The TSC was given 28 days to “diligently search for and furnish” the teacher with the information he requested in a freedom of information request made in July 2019.
The orders were made on Thursday by Justice Robin Mohammed who granted the teacher permission to challenge the refusal by the TSC to provide the information. The judge also quashed the decision.
“If the Respondent is granted unrestricted authority to assert non-disclosure, the public interest in obtaining access to similar reports or statements of allegations, essential for promoting transparency and ensuring the accountability of governmental and public authorities, is susceptible to erosion and neglect.”
In his request, the teacher wanted the name of the person who made the report against him in 2016, and other information relating to an investigation of the allegation of misconduct.
Disciplinary proceedings against the teacher are ongoing.
In his lawsuit, the teacher’s attorneys maintained that he was entitled to the information as it pertained to matters of public interest and also concerned his prospects for promotion.
It was argued that false allegations of misconduct would tarnish his reputation and impede his future career advancement opportunities.
The TSC initially claimed that the information was exempt from disclosure under the FOIA as it could be classed as an “opinion, advice, or a recommendation” to the commission.
It then said a thorough search of its records was conducted and the requested documents were not found.
In his ruling, Mohammed rejected the commission’s arguments, saying, “In order to carry out such disciplinary proceedings, it is only reasonable to conclude that the respondent bears a duty to maintain records and dispose of them only once the disciplinary proceedings are concluded. “Any alternative course of action would contradict and render devoid of meaning any decision reached by the commission, rendering it irrational, unfounded, arbitrary, and undoubtedly unlawful.”
He said it was necessary to remind the TSC that in TT, the courts “have consistently upheld and developed the well-established right to freedom of information, recognising its paramount importance.
“Public authorities bear a duty to operate in accordance with the law and respect this fundamental right.”
He also chided the commission’s repeated assertions it was having difficulty accessing the information and its bold, and belated, assertion that it was no longer in possession of it,
“Such a stance appears highly untenable for a public entity entrusted with the significant responsibility with which it has been bestowed - namely, the ultimate determination of an investiga
