The High Court of Justice of Catalonia has annulled the disciplinary sanction that the Salou City Council imposed on a Local Police officer for an alleged case of disobedience.
The sentence revokes the previous resolution of the Administrative Litigation Court number 1 of Tarragona and annuls the suspension of employment and salary for two months and eight days that weighed on the civil servant since the events occurred in 2018.
The court appreciates violation of the right to defense
The judicial chamber focuses its analysis on the procedural defects of the administrative file and does not delve into whether or not there was disobedient conduct by the agent. The magistrate considers that the right to defense was violated by not carrying out the testimonial declarations requested by the appellant.
The TSJC annuls the file due to formal defects in the instruction of the procedure.
Among the proposed witnesses were police commanders, municipal officials, and a colleague who accompanied the official to the medical center after the events. Some of the statements included in the file were made without the presence of the agent or the possibility of asking questions, which limited her ability to contradict them.
Furthermore, the court notes deficiencies in the description of the infraction. The ruling points out that the administration did not specify which exact conduct was classified as a serious offense, which creates defenselessness for the public employee.
The facts date back to a solo service
The conflict arose on March 5, 2018. A police official ordered the agent to carry out an administrative surveillance service in the municipal market on foot and alone.
The official expressed fear of patrolling alone and requested to perform the service in a vehicle or accompanied by another agent. Faced with the refusal, the police leadership initiated a file for a serious offense of disobedience according to the law of local police of Catalonia.
The agent appealed the sanction alleging anxiety problems known to the Administration. She argued that she suffered a panic attack that led to immediate medical leave after the incident.
The Salou City Council has stated that it always acts with the utmost respect for current legality and judicial resolutions. The council recalls that the file was processed through the competent bodies for the coordination of local police in Catalonia.
The local executive states that he complies with the ruling as he cannot do otherwise within the framework of a state of law. He highlights his commitment to the proper functioning of public services and respect for the chain of command within security forces.
The judicial resolution annuls all economic and administrative consequences associated with the original sanction.