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We remind you that the official, by decision of the AAD, was removed from his post after providing information about the incident at the Būtingė oil terminal to the representatives of the Ministry of the Environment.
After evaluating the evidence presented, the court determined that, contrary to what the AAD alleged, in the field of environmental protection, officials can take calls and carry out operational actions during their vacations. In the case under review, it was established that D. Bagčius took actions to prevent the threat to the environment and identify it in a timely manner. The AAD did not provide any evidence that the actions taken by the official to ensure the investigation of the contamination incident at the Būtingė terminal were inappropriate, inconsistent with the objectives pursued, detrimental to the state budget, etc. There is also no evidence that the plaintiff gave the representative of the Ministry of the Environment information unrelated to his actions or false information.
“The court correctly assessed that D. Bagago’s actions sought to prevent the threat to the environment and identify it promptly. His actions were not inappropriate, incompatible with the objectives pursued, to the detriment of the state budget. However, due to his initiative and desire to serve the State properly, he was sanctioned by the AAD and even dismissed as if he had committed a serious offense. This situation only shows that things are not going well in the department. If the investigations in the institution were carried out objectively and According to general principles of law, such a judicial decision would not even be necessary. I believe that such a judicial decision is the first step to prevent institutions from operating without restrictions and without reason to punish devout officials and officials who do not interfere in politics, ”says Rintautas Kupris, a lawyer for the Lithuanian Union of Environmental Workers (LAASDPS ). ) and the National Trade Union Confederation (NPPSS).
D. Bagčius is a member of LAASDPS, so he was represented in this process by the team of lawyers of this union and NPPSS.
The AAD can appeal the court decision to the Supreme Administrative Court of Lithuania within 30 days.
The Department of Environmental Protection promises to appeal the decision of the Vilnius Regional Administrative Court (VAAT) on the expulsion of environmentalist Donatas Bagočius, who notified the Ministry of the incident in Būtingė.
“The court’s decision is respectable, but the position of the Department of Environmental Protection is such that we see the prospect and are considering appealing the decision to the Supreme Administrative Court of Lithuania,” said Mantas Matulionis, deputy director of the Department.
“Now that we know him, we believe that we are going to appeal the decision,” he added.
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