La jueza de lo Contencioso-Administrativo número 27 de Madrid ha anulado el cese del que fuera director de Hacienda, Transportes y Movilidad del Ayuntamiento de Móstoles, Sergio G.D.S., que denunció hace dos años un caso de presunta corrupción en el consistorio sobre determinadas actuaciones municipales en materia de contratación pública. Esta sentencia reconoce que la corporación municipal vulneró los derechos fundamentales del funcionario, representado por De la Riva y Pastor Abogados, y que su despido respondió a una represalia.
Como destaca El Confidencial, «la magistrada entiende que el cese vulneró la garantía de indemnidad que protege al empleado público de las represalias de sus superiores cuando, en cumplimiento de una obligación legal y de los deberes propios del ejercicio de sus funciones, denuncia ante las autoridades judiciales conductas presuntamente delictivas en el seno de la administración en la que presta sus servicios«.
«La resolución recuerda que en julio de 2018 Sergio G.D.S. denunció supuestas actuaciones delictivas cometidas por autoridades y funcionarios del Ayuntamiento y horas después fue cesado por pérdida de confianza tras sufrir diversos episodios de hostigamiento», continúa.
La sentencia
Como apunta el medio, la sentencia establece que «los acontecimientos anteriores al cese del demandante y la proximidad temporal y la aparente conexión entre los mismos y ese acto, así como la actitud de la alcaldesa ante la implicación de aquel en la denuncia que había dado origen a la investigación penal, constituyen indicios suficientes para sospechar o presumir que dicho cese constituía una represalia«.
Añade que «correspondía al Ayuntamiento de Móstoles justificar que el cese obedeció a motivos razonables y ajenos a todo propósito atentatorio del derecho fundamental, es decir que se fundaba en motivos legítimos». «Todo lo contrario, la corporación demandada no ha cumplido con la carga probatoria al carecer el acto administrativo recurrido de motivación alguna y no ofrecerse de forma verosímil en este procedimiento argumentos que permitan concluir en otro sentido», agrega.
- Leer artículo completo en El Confidencial
- Leer artículo completo en Noticias Jurídicas
- Leer artículo completo en La Vanguardia
- Leer artículo completo en Poderjudicial.es
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