Boletín 230

In ruling on appeal, the Attorney General's Office confirmed suspension for 12 months from the Ministry of Social Protection

Fuente: PGN
Fecha Publicación:

The Attorney General's Office, in a judgment of second instance refused the application for declaration of nullity of the proceedings and upheld the penalty of suspension from office and exercise special disability for a period of 12 months for Mr. Carlos Arturo Gomez Agudelo, their status as general coordinator of the Internal Working Group for Social Liabilities Management Ports of Colombia, and Saavedra Ricardo Sandoval, in his capacity as coordinator of the pension of the same internal Working Group Ministry of Social Protection.

Mr. Gomez is accused by Agudelo having exceeded the exercise of its functions to unilaterally revoke the resolutions referred to the recognition of pension payments, ordering instead countertops discounts, payment of debts and not judicially ordered suspension of payments in an arbitrary manner without have had the consent of the persons concerned or judicial authorization.

For its part, the disciplined Saavedra Sandoval was accused of the charge of having omitted the expert advice and assistance in the area of ​​pensions, resulting resolutions were issued in question and in some cases administrative acts signed extinct disability pensions some former officials of the Ports of Colombia, violating the principles of legal security, defense and inconsistency on the pension issue which had been pronounced by the Constitutional Court and the Supreme Judicial Council and disregarding the principle of lenity the worker in case of simultaneous legislation enshrined in Articles 53 and 21 of the Constitution of Colombia and the Labour Code, respectively.

Similarly, the Disciplinary Chamber of the control body modified the penalty imposed on Mr. Enrique Forero Russy, in his capacity as coordinator of the economic benefits of the same House Working Group of the Ministry, who in judgment of first instance is passed for a period of 12 months, instead, impose the sanction of suspension and inability to 9 months for having reviewed and approved these resolutions, as well as subscribe to revoke administrative acts for personal acts which had been recognized pension payments to former employees of Ports of Colombia, without there being a warrant or authorization of right holders.

Against this judgment, no appeal in the administrative channels.

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