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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body- 89. At its October 2013 meeting, the Committee made the following recommendations on the issues that remained pending [see 370th Report, para. 642]:
- The Committee requests the Government to keep it informed of the outcome: (1) of the appeals filed by trade union official Mr Agustín Mendoza Champion, Culture and Training Secretary of the Trade Union of Registry Zone IX, Ica Zone, against the penalties of suspension imposed on him; and (2) of the appeal filed by Mr Holguín Nacarino, General Secretary of the Trade Union of Registry Zone V of Trujillo, against the administrative decision penalizing him, as well as on the outcome of the pending administrative disciplinary proceedings against him.
- 90. In its communication dated 7 February 2014, the Government states the following with regard to the appeals filed by Mr Agustín Hermes Mendoza Champion: (1) through decision No. 03407-2012-SERVIR/TSC, of 24 May 2012, the Civil Service Tribunal dismissed an appeal by the trade union official against a penalty of 60 days’ suspension without pay imposed in June 2011 for failing to obey the order to cease trade union activities; (2) through decision No. 00187-2013-SERVIR-TSC, of 27 February 2013, the Civil Service Tribunal upheld the appeal filed by the trade union official against the penalty of 30 days’ suspension imposed in November 2010 and revoked that sanction; and (3) with regard to the constitutional appeal for protection (amparo) filed, through decision No. 23, of 19 June 2013, the Second Civil Court of Ica partially granted the request and declared the administrative disciplinary proceedings instituted to be null and void. Mr Mendoza Champion filed an appeal against this decision and the case was scheduled to be heard on 15 January 2014. Lastly, the Government states that Mr Mendoza Champion continues to be employed as public registrar in the Ica office and has not stopped his trade union activities. The Committee requests the Government to keep it informed of the result of the appeal.
- 91. With respect to the appeals filed by Mr Carlos Holguín Nacarino, the Government states that with regard to the penalty imposed for failing to comply with article 44, paragraphs (a) and (i) of the regulations of the National Superintendence of Public Registries (SUNARP), through departmental decision No. 393-2012-SUNARP/Z.R, of 9 July 2012, administrative responsibility was established and a penalty of 30 days’ suspension without pay was imposed. Mr Holguín Nacarino challenged that decision before the Civil Service Tribunal and through decision No. 01045-2013-SERVIR/TSC the appeal was upheld and the decision to impose a sanction was revoked. The Government also states that with regard to the administrative disciplinary proceedings for failing to fulfil duties, departmental decision No. 716-2012-SUNARP/Z.R, of 6 December 2012, was issued, declaring that administrative responsibility had not been established. Finally, the Government states that Mr Holguín Nacarino is employed as an asset and stock control manager in the Trujillo office. The Committee notes with interest this information.
