Money paid to a border policeman, touched with overtime for the time spent at fitness. Unique trial
An at least embarrassing case on the table of magistrates from the Iasi Court brings serious bureaucratic and legal mistakes within the Iasi Border Police, who is trying to recover money paid to an agent for the hours of the work program, passed as overtime.
The magistrates of Iasi rejected the file as inadmissible. Photo shutterstock
The magistrates from the Iasi Court had to rule in a painful file for the Border Police, which asked in court to recover over 3,000 lei from an employee, after the accountant and lawyer of the institution wrongly wrong.
A chief agent from Iași received money for hours of room made outside the work schedule, passed as overtime. Moreover, it was remunerated with antenna for the respective activities, although they did not take place around any communications equipment.
The Territorial Inspectorate of the Border Police (ITPF) acknowledged before the court that it has mistakenly paid 3,572 lei to an employee, an amount that includes the payment for the physical education hours outside the program and misplaced, but also a 10% increase for the antenna, although there was no antenna in the gym.
Responsible for this situation is not only the accountant of the institution, but also the lawyer, so that the court sent the case back, with the recommendation for them to study the legislation.
According to the local press, the policeman would have reported the hours spent in the room as completed hours, although they had neither operative nor unforeseen, as the specific norms provide. It would have benefited from the antenna increase provided because the ITPF headquarters are located transmissions and communications antennas, although in the training rooms frequented by the police during the free time there were no such equipment.
At the same time, ITPF representatives say that it is true that sports hours are a service obligation, but they must be done during the work schedule, as part of the continuous training of the policeman.
The policeman refused to give the money back
The agent would say that he noted his physical training hours in a special register for their records, different from the one with overtime. She recognizes that the hours of physical education were compensated with free time in the following month, but says that she has not received any extra money and no wage increase, only that the specifications submitted to the file representatives of the Border Police.
Instead of following the administrative procedure provided by law for the recovery of money from civil servants, ITPF opened a civil trial, so that the file was walked from one section to another – from the court, to the court, then to the litigation section – on the grounds of lack of jurisdiction. All this, although the administrative code clearly stipulates that in such cases, the head of the institution must issue a disposition to withhold the amounts in the salary, not to call on the court.
After the court rejected the action of ITPF as inadmissible, the institution did not renounce and appeal the decision, so that the file is now the role of the Court of Appeal, waiting for a court date for the appeal.
A painful situation that, instead of being administratively resolved within the institution, has transformed into a classic example of bureaucracy taken to the absurd.
