The Government Appeals Commission annulled the mayor's decision Oliver Injac, by which the former commander of the Protection and Rescue Service of the Capital City was dismissed Goran Janković.
This is stated in the decision, which "Vijesti" had access to, and which is signed by the President of the Commission Dejana Zeković.
The Capital City did not respond to the questions of the editors and whether they will appeal the Commission's decision to the Administrative Court.
Injac issued a decision in mid-October that terminated Janković's mandate and dismissed him.
Janković joined the Protection Service from the Municipal Police in 2019, and was in office until 2025.
"The commission considered the appeal, contested decision and other documents and found that the contested decision should be annulled and the case should be returned for a new procedure and decision," the decision reads.
It is recalled that Janković was appointed commander of the Capital City Protection Service on February 27, 2020, that his mandate ended with the Injac decision of October 12, 2023, and that six days later, on October 18, Janković was interviewed, which was written minutes.
The Commission, examining the legality of the decision by which Janković was dismissed, determined that in the process of its adoption, the Capital City "violated the rules of administrative procedure from Article 22 paragraph 7 of the Law on Administrative Procedure".
"Which prescribes that the explanation of the decision... should be comprehensible, contain legal regulations and clear reasons that, in view of the established factual situation, point to the decision as it was given... The established factual situation must point to the possibility of applying the regulations on the basis of which a decision has been made," states the decision of the Government Appeals Commission.
Injac, as it is added, stated as the reasons for the dismissal of the commander of the Protection and Rescue Service that "he made the decision on the introduction of overtime and decisions on overtime for himself." As a reason for the dismissal, Injac stated that Janković "hired several persons in permanent employment who exceed the age limit established by law for the first establishment of employment, which indicates the negligent performance of the commander's duties, contrary to the law."
The Commission, however, in the decision annulling the Injac decision, states that "the first-instance authority did not submit any material evidence to support the reasons given in the explanation of the decision to dismiss the appellant".
"The Commission finds that it is unable to evaluate the legality of the disputed decision, and this is especially so in light of the fact that the reasons for which the appointee was dismissed are contested in their appeal," it says, among other things, in the decision of the Government Commission.
It is also added that it cannot be determined from the case file whether the mayor acted in accordance with the provisions of the Law on Local Self-Government, which refer to the mayor's obligation to, when she determines that the chief of staff does not performs or negligently performs tasks established by the law, the Statute of the Capital City and acts of the mayor, points out in a written act the omissions and irregularities in the work, and sets the deadline in which the elder is obliged to eliminate them.
The Appeals Commission states in its decision that there is no evidence in the case files that Injac, in a written act, pointed out to Janković as the commander of the Protection Service about the omissions and irregularities in the work.
"Taking into account the above, the reasons given in the challenged decision do not point to the correctness of the decision in the enacting terms, and as such cast doubt on the conclusion that they are the result of a fully established factual situation, and therefore that the material regulation was correctly applied in the specific case, which represents a violation rules of procedure", it is written in the decision of the Appeals Commission.
In connection with the Record of the interview from October 18, which was made six days after the decision on dismissal was made, the Commission states that, "in the specific situation, it cannot be accepted as evidence that the appellant was enabled to participate in the proceedings".
The Commission points out that, according to the Law on Administrative Procedure, "before making a decision, the party must be given the opportunity to state the facts and circumstances that are important for making the decision".
"And that the party has the right to participate in the examination procedure, provide the necessary information, defend its rights and interests protected by law," it says in the decision of the Appeals Commission.
Against the decision of the Government Commission, the Capital City can initiate an administrative dispute with the Administrative Court within 20 days from the date of receipt of the decision.
About Blečić at the intermediary for protection against mobbing
After Goran Janković was dismissed in October, he was appointed acting commander of the Capital City Protection Service Zdravko Blečić.
In connection with his appointment, in mid-November an initiative was submitted to the Department of Administrative Inspection of the Ministry of Public Administration (MJU), in which, among other things, it is stated that Blečić does not meet the requirements for that position.
A few days ago, a criminal complaint was filed against Blečić and several unknown persons due to grounds for suspicion of abuse of official position and forgery.
He submitted a report to the intermediary for protection against mobbing at the employer Miodrag Đukanović. In 2020, after four years of trial, Đukanović won the case in which it was proven that he was in the Protection Service, "in the period from March 16, 3 to November 2016, 26, by Commander A.Č. done mobbing".
At that time, the commander of the Service was Andrija Čađenović, who later led Podgorica's "Čistoća".
In the judgment published on December 18, 2020 in the daily newspapers "Vijesti" and "Dan", among other things, it is stated that the commander at the time, Čađenović, by verbal order as superior to Đukanović, even though he was formally and legally equal to the prosecutor, appointed Blečić. It also says that, according to Blečić's proposal, Đukanović was moved from the position of group leader-rescuer to a lower position in the rank, to the position of firefighter-rescuer "due to omissions that he cannot remember exactly"...
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These days, as he told "Vijesti", this situation is happening again to Đukanović, which is why he filed a request for protection against mobbing with his employer, after the appointment of Blečić.
On the day of his appointment, as he said, Blečić verbally ordered him to perform tasks from the starting position, contrary to the scheduling solution, which is still in place today - group leader-firefighter rescuer.
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