Foundation Court Judge Hides MAPA official's decision for 14 months

Public Administration Ministry Official (MAP) Sahit Mushkolaj, for more than three years, had known nothing about the fate of the indictment he had exercised against the institution in which he works, about a employment competition, which he claimed was set up.

That indictment, he had handed over on October 23, 2014, to the Pristina Foundation Court in the Civil Division of the General Department of this court.

With claims of setting up this competition, he had indicted the director general of the Information Society Agency, operating under MAP, Cameron Gashi.

According to this indictment, the implementation of this competition, in which the plaintiff had applied, had already made the indictee Gashi.

But, 17 months after the indictment's preamble, on April 4, 2016, the Pristina Civil Foundation Division, namely, Judge Mihane Ismajli, had made a decision by which this department was declared not competent to examine this subject, until it had delegated it to the Department for Administrative Affairs at the Foundation Court in Pristina.

The delegation of this subject from the Civil Department to that administration had lasted a total of 14 months.

For these actions of the court, plaintiff Mushkolaj says never to have been informed until he accuses him of deliberately remaining in the courtroom for all these months.

The plaintiff Sahit Mushkolaj says he had not received an invitation and he had not been aware of the existence of this act of delegate to the next department.

Seeing as that he had not received any official information from the court, plaintiff Mushkolaj, says on May 24, 2017, had gone to court on his own to search for information concerning his case.

Mushkolaj has said he went to court after he heard in MAP that he has a course in court, which he is hiding.

When he went to get information about his subject, plaintiff Mushkolaj says the court had argued that the address mentioned in the indictment, has resulted in the wrong, and, as a result, it was not possible for the plaintiff to be sent to the plaintiff, as a prerequisite for the activeness to enter into force, and the subject sent to the Department for Administrative Affairs.

But these court claims have dismissed plaintiff Mushkolaj, saying the address given in the indictment is correct.

He has stated that hiding this item is intentional and, according to him, cannot be talked about a negligence on the part of the court.

This is not a technical error or a court negligence. Powerful people have deliberately hidden this subject from me. My substance has dragged on for three years and she's still in the initial phase. I've had major consequences because of hiding this” subject, Mushkolaj has declared.

Otherwise, the Law on Contestimate Procedure (LPK) regulated the letter sending mode in case the person is not at the given address.

According to this law, if the person is not found at the address provided, the letter is given to a family member. If that is not possible, then a notice is made of the side, showing him where he can get his letter. If this fails, the paperwork is forwarded to the court's board of proclamations, and as of 7 days, the surrender is considered done.

As a result, if legal procedures were respected in this case, the act could take a much faster cut, and the subject for a much shorter term was transferred to the Department for Administration Affairs.

The “Justice Vow” has applied for information at the Pristina Constitutional Court, if, within the legal deadline, all legal opportunities have been used to consider the active, take the cut form and, in the shortest term, be sent to the Department for Administrative Affairs.

In a response to “The Battle of Justice”, from the Constitutional Court's spokeswoman in Pristina, Mirlinda Gashi, no details have been given concerning procrastinating this subject from the court.

After the trial (submission) of the decision, the subject has gone to writing and after the power of the ruling subject has been sent to the Department for Administrative Affairs at the Pristina Foundation Court and has received a new A.n. 952/17. We inform you that by the verdict of dt.22.11.2017, the judge of the case at the Administrative Department has secured from the plaintiff the prosecution in terms of the subjective indictee. - KMPHCRK for the act that is rejected and called for its annulment, as well as evidence and facts concerning the issue. By Dr.15.12.2017 laws have been sent for an answer to the indictee. KAMSHCRK. At the moment of securing the answer in the indictment by the KPMSHCRK indictee, it will proceed with the subject given that the subject in question is the subject of 2014.”, it says in its response.

Similarly, the plaintiff had filed complaints in both the MAP and the Independent Council of Civil Service Supervisors in Kosovo. In both cases, his complaint had been rejected as groundless.

In this case, Sahit Mushkolaj has also filed complaints at the Disciplinary Prosecutor's Office (ZPD) on December 20, 2017, whose decision is awaiting him.

On October 23, 2014, Sahit Mushkolaj had indicted the director-general of the Information Society Agency (ASHI) at the Ministry of Public Administration (MAP), Cameron Gashi.

The indictment was made for setting up the competition regarding the position of Head of the Network and Telecommunications Directorate.

Sahit Mushkolaj, through the indictment, claims that the entire competition for this position has been set up, a fact he says the MAP minister's cabinet had also announced, but that he had not taken these claims seriously.

The indictment says that in order for individuals assigned to be admitted to this position, the competition at the “necessary qualifications”, where it was set to have “Tech faculty”, without specifying which direction.

According to the plaintiffs, this was done with the sole goal that the qualified people in machinery can be admitted to this position, as the term “technic” includes the Electronic Faculty, the Faculty of Archaeology and Construction, and the Faculty of Machinery.

According to the indictment, it constitutes violations of the regulation for the draft procedures in the Civil Service, as required schooling and qualifications are not in line with the nature of the workplace.

The plaintiff Sahit Mosskolaj, in his indictment, claims that the ASHI director, Kujtim Gashi, had drawn up the test himself, including administrative questions, with the only one in order for currently selected persons to come up at maximum point in the writing test.

Sahit Mushkolaj claims that even the Civil Service Electoral Commission was not made up of any skilled servants and knowledge specialised in the field of free positions, but only by lawyers and economists.

All in the end, the plaintiff says he has been treated equally, subjecting himself to a devised process, and that his school and professional training has been offended.

A Director SHI in MAP, Kujtim Gashi, who is indicted for this case, has said the “Justice Trust” that in this process everything has been in order and that Sahit Mushkolaj's claims are biased.

The civil servants' work, not me, but the Civil Service Law. This law defines the criteria and recruiting procedures. The process in question has been fully transparent and procedures have been respected in due course. The whole process has been monitored by the Independent Supervisor Council, which has assessed the process as right. Sahit Mushkolaj has been denied complaints in all instances”, Gashi has declared.

As for the indictment that Mushkolaj has exercised against him, Gashi has said that I see this as biased to cause trouble in opinion and as a struggle for personal interests.

According to him, recruiting staff is institutional, not individual. /Betimitor Director