The Appeals Commission of the Government of Montenegro has overturned the decision of the former mayor of Podgorica for the third time. Oliver Injac about the shift Goran Janković from the position of commander of the Podgorica Protection and Rescue Service.
In the explanation of the decision, which "Vijesti" had access to, the Commission states that the reasons from the disputed decision on Janković's dismissal from February of the previous year are "unclear and do not refer to the decision in the enacting clause".
"... Because the first-instance authority justified the termination of the dismissal procedure by conducting disciplinary proceedings against the appointee, and according to the Commission's findings, the decision should have been annulled and the case returned for a new procedure and decision," is the position of the Government Appeals Commission.
The document states that Janković's attorney is a lawyer. Maja Zeković requested the Government Appeals Commission to issue a decision on the merits annulling the decision to dismiss Janković.
"... Since it has been established without a doubt that, almost 11 months since the first decision on dismissal was made, a series of illegalities and omissions have accompanied this procedure. The appeal further points out that in the contested decision there is not a single word by which Injac could explain the established omissions that are prescribed by law and the statute...", the document states.
The Government Commission is of the opinion that the conduct of the disciplinary proceedings referred to by Injac in the dismissal decision "does not constitute a prior issue in the specific administrative matter."
"... On the basis of which the first instance body issued a decision to terminate the procedure for dismissing the appellant from the position of commander of the Protection and Rescue Service. This is because disciplinary proceedings are conducted in accordance with the Law on Civil Servants and State Employees, which provides for the imposition of disciplinary measures for serious violations of official duty (a fine for a period of two to six months, in the amount of 20 to 40 percent of the salary paid for the month in which the serious violation of official duty was committed and termination of employment), while the procedure and procedure for dismissing the head of an organ or service is fully regulated by the Law on Local Self-Government and the Statute of the Capital City, and in the same proceedings decisions may be made that may be different or contradictory to each other," the document states.
Goran Janković joined the Protection and Rescue Service of the Capital City from the Municipal Police in 2019, and his mandate was supposed to end this year. However, he was dismissed by the former mayor in October 2023. At the end of the same month, he was elected as the acting (acting) commander of the Protection Service of Podgorica. Zdravko Blečić.
Blečić told "Vijesti" that he did not want to comment on the decision of the Government Appeals Commission "because he is not familiar with it."
The Commission also states that the first-instance body - former Mayor Injac - "misinterprets the allegations from the previous decision of the Appeals Commission."
"It is indisputable that the Commission stated in its decision, but only as one of the reasons for annulling the decision to dismiss the commander of the Protection and Rescue Service of Podgorica, that abuse of authority as a serious breach of official duty is exclusively proven in disciplinary proceedings," the Government Appeals Commission's decision states.
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