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Ovidiu Ianculescu, the former director of the Water Management Service (SGA) Mureş, who claims that he was forced to resign from the position he had won through a competition, in order to accommodate a liberal without any training in the matter, was independent from November 5 in Maramureş.
According to the secondment decision issued by the Mureş Water Basin Administration (ABA), Ovidiu Ianculescu should work for a period of 12 months as Chief Engineer of SGA Maramureş – Someş-Tisa Water Basin Administration.
Ianculescu challenged the separation order in court, but since the case could take months to resolve, he filed another action with the Mureş Court. Through it, he requested the issuance of a presidential ordinance suspending the effects of the suspension decision until the case is resolved on the merits.
In the motivation of the request, it showed that the secondment decision is nothing more than a sanctioning measure related to the refusal to submit to the measures adopted at the political level within ABA Mureş. Ovidiu Ianculescu noted that the oppressive measures against him began in early 2020 when he was forced to resign as director.
Later he reversed the decision and decided to fight against the political system that removed him from office. In addition to the lawsuits filed in court, requesting his resignation, he also filed a criminal complaint with DNA. Following in the steps taken by the engineer Ianculescu, the ABA Mureş management decided to assign it to another county.
Separate emergency without any explanation
In front of the court, Ianculescu demonstrated that the landslide 200 kilometers from the house has a negative effect on his family.
“The applicant is in a delicate family situation, he and his wife are caring for their two minor children, the applicant’s mother-in-law and father-in-law are people diagnosed with cancer that the applicant and his wife are caring for, and last but not least not least, that the plaintiff had denied the commission of services measure since it had been informed. It can also be seen by touching the substance of the law that this decision is not motivated either in fact or in law. However, this measure of secondment does not require the urgency of deploying a man who has worked for more than 10 years within SGA Mureş and transferring him in the interest of the service, if so in the interest of the service, to a unit that is more than 200 km away ” , said Ovidiu Ianculescu’s lawyer in front of the judges.
On the other hand, ABA Mureş requested the rejection of the application, invoking that, otherwise, the court would have ruled on the merits of the case. In addition, he argued that as an employer he had the power to order the unilateral modification of his individual employment contract through secondment.
Court: It is not irreparable harm if the wife has to raise two small children alone
The defense invoked by ABA Mureş was appropriated by judges who considered that “the examination of the criticisms made by the plaintiff of the aforementioned decision actually implies the investigation of the merits”. The family situation also did not impress the judges, who appreciated that Ovidiu Ianculescu can find solutions for raising children, during the detachment in Maramureş: hiring other people to replace him in the family while he is away from home.
The Court also finds that the plaintiff’s reasons for his family situation do not reveal the imminence of irreparable harm because the plaintiff’s wife must raise the two minor children alone during the secondment, with the possibility of employing at least one person. than to help take care of the children. Regarding the fact that minors require permanent supervision in the current context in which schools are closed, the court also warns that there are legal regulations on the granting of paid days off to parents for the supervision of their children, in case to limit or suspend teaching activities that imply the actual presence of children in educational units and in early childhood education units, as a consequence of the spread of the coronavirus, “motivated the judge of the Mureş Court.
And in the case of the in-laws of Ovidiu Ianculescu, the judges invoked that the family can turn to the help of other people while he is away. The decision of the Mureş Court was challenged by Ianculescu, a final decision in this case will be delivered by the Mureş Court of Appeal after judging the appeal.
The reaction of the president and prime minister
Ovidiu Ianculescu, an engineer by profession, told Recorder journalists that he became director of the Mureş Water Management System, an institution that manages water infrastructure in six counties, rising step by step, without being a member of a party and competing in shipping. Earlier this year, after Liberal Ervin Molnar took over the leadership of Romania Waters, Ianculescu claims he was asked to resign, a position held by Ionuţ Cengher, NLP secretary Mureş and advisor to Liberal Senator Cristian Chirteş. Cengher was appointed to lead SGA Mureş, by Senate secondment, although he has no experience in the water field. Following the registrar’s disclosures, he was fired for “dishonorable” public statements.
President Klaus Iohannis said in a press release that he categorically rejects any attempt to appoint to public office persons who do not meet the conditions required by law and who have no experience in the field in which they are proposed. In turn, Prime Minister Ludovic Orban stated that, in this case, it was an inappropriate appointment, which is why he ordered the departure of the designated person.
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