The Investigation Department of the Independent Authority Against Corruption received 21 complaints, information 4-8 May, 2020 and investigated a total of 68 complaints and information. And of these, 10 inquiry cases were opened in connection with the complaints and information, 13 motions to close complaints and information and 1 motion to transfer complaint and information to relevant jurisdiction submitted to the Prosecutor’s office. Currently, 42 complaints and information are in action.

Last week, investigation was conducted in 491 criminal cases and of those, 7 transferred for prosecution, 13 cases closed, 3 motions submitted to the Prosecutor’s office to transfer to relevant jurisdiction. Currently, 491 cases are in action.

TS.TSETSEGDELGEREKH: Public official are being illegally DISSMISED and the compensation of 1.3 billion is being paid from the budget

The legal regulation provides that if the dismissal is found to be illegal by court then the employee shall be compensated. But this law is not effective. Statistical numbers found by IAAC show that 1.3 billion tugrugs was compensated from State budget. Ms. Ts.Tsetsegdelgerekh, Senior commissioner, Head of the Declaration collection and analysis division was interviewed on this matter.

- How often does IAAC receive complaints regarding illegal dismissal from public office?

- The Inspection and analysis department of the Independent Authority Against Corruption constantly carries out its duties to oversee accountability and ethics of public officials under its mandated functions specified in the Anti-corruption law. Lately, IAAC has received many complaints from citizens regarding violation of rights related to illegal dismissal from public office. All level of the judicial system have issued orders but is not being executed. Some of the complaints are related to refusal to re-appoint to previous position. And in order identify the situation, information and research has been requested and provided from the Court order execution authority.

- What is the research about? Can you provide more specific details?

- Article 4.1.1.8 of the National strategy on combating corruption strategy “to establish a system to invalidate illegal decision of decision makers upon foundation, remove any negative consequences, compensation of any damages”. In other words, law regulates that the guilty official shall compensate damage. An analysis was conducted on illegal dismissal from public office and reappointment to office under court order and compensation for the time period of 2017-2019.

- What was the outcome?

- The research showed that 796 officials were illegally dismissed from public office and were re-appointed by court order. And these 796 officials were compensated with a total of 4,094,000,000 tugrugs for salary, social insurance commission during their period of unemployment by court order. From the amount, 1.3 billion tugrugs was funded from the State budget and this is inappropriate allocation of State assets, non-economic expenditure and also causes artificial bureaucracy. Also, violations still continue regarding refusal of public official to compensate this amount. In some organizations, the person is re-appointed by court order but the person hold the position is not dismissed and causing a multiple salary payment matter.

- What organization should oversee this matter?

- The internal audit unit should be responsible for compensation. If the organization does have an internal audit unit in its structure then in that case, law provides that the National audit authority will be responsible for compensation of damage. Within this framework, this information has been provided to the National audit authority in order to compensate damages caused to the State by guilty officials. This law came into effect four years ago but the process of compensation to the State by guilty officials is pending. Financial, registry and audit units should be everywhere. Therefore, an official letter has been submitted to the National audit authority to discuss and resolve the matter under article 103.3 of the Administrative general law “… the National audit authority shall be responsible for compensation of damages by guilty officials”.

We conducted research and submitted the outcome to the relevant authority because officials who make illegal decisions prefer benefits to someone but also violates the rights of others and may cause corruption and we need to prevent this. This type of violation shall not decrease in the future unless all government authorities do not oversee the compensation of damage caused related to illegal dismissal from public office.   

So, first the State compensates damage and afterwards, compensated by the guilty official?

- The Administrative general law states that damage caused due to administrative acts shall be compensated first by the State. And regulates that afterwards, the damage shall be compensated by the guilty official. The Administrative general law came into effect on 1 July, 2016. Damage compensated to citizens and legal entities shall by compensated through the administrative authority lodging a civil claim against the guilty official.

The Law on public office states that the central authority for public office – the Public office council is responsible for compensation of damage to the State and its oversight. The Public office council should register the execution of court orders and oversee the compensation to the State. If not compensated then within its right to represent the State in judicial procedures and make claims. 

- In which sector do illegal dismissals and appointments mostly occur?

- Viewing the illegal dismissals from public office by organization and sector shows that it mostly occurs in the education sector and local governance or the administrative offices in aimags and sums. And reviewing what level of officials are mostly dismissed shows that directors of schools and pre-schools in the education sector. Director of Administration department and managing officials in the Aimag Administration offices.

- Were all 796 people re-appointed to their positions?

- The court orders are not 100 percent executed. Reviewing the research shows that 85 percent of them have been executed. Some compromise at the state of court proceedings. And in some cases, refuse to execute court orders. Public office should be professional and consistent. Change in the management of the authority and illegal dismissal of public officials is illegal.

B.Burmaa

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