In accordance with article 21 (b) of the Organic Law of Georgia on Public Defender, Mr. Ucha Nanuashvili, Public Defender of Georgia has addressed the Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia with recommendation to examine legality of dismissal of Ms. Manana Ts., public servant employed at the Ministry and make an adequate decision.

Ms. Manana Ts. has addressed the Public Defender of Georgia to evaluate legality of termination of her employment at the position of Senior Specialist of the Financial-Economic Unit of the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia.

Examination of the documents presented by the applicant and the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia by the Office of Public Defender revealed that Ms. Manana Ts. right guaranteed to by the Georgian legislation had been violated.

From February 2, 2009 till February 27, 2013 Ms. Manana Ts. has been working at the mentioned Ministry at the position of Senior Specialist (II degree) of the Financial-Economic Unit of the Financial Department. On January 30, 2013 she was given a warning about the reorganization of the unit and possible dismissal in case the number of employees would be decreased.

On March 1, 2013 Ms. Manana Ts. was dismissed from the occupied position based on the decree of the Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia. The decree on dismissal presents an individual administrative-legal act issued under discretion authority and it should substantiate why was Ms. Manana Ts. was dismissed due to decrease of number of employees while the number of positions of Senior Specialists (II degree) of the Financial-Economic Unit had not been cut and on what bases had the other employees been given advantage. These facts should have played an important role while issuing the individual administrative-legal act about her dismissal.

In case the number of positions of Senior Specialists (II degree) of the Financial-Economic Unit had been cut the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia was obliged to objectively assess professional skills, qualification and abilities, as well as personal characteristics of Ms. Manana Ts. in accordance with the position held, and only after this make a well substantiated decision on her dismissal.

In the given situation the dismissal of the employee should have happened in accordance with the Law of Georgia on Public Service, through examination of all significant facts and circumstances. A well substantiated administrative-legal act should have been issues only after this.

Taking into account all of the mentioned above, it is clear, that there are factual and legal preconditions which prove, that the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia, violated legal requirements of Georgian Legislation while making the decision, namely while preparing and issuing the individual administrative-legal act. Which in accordance with parts 1 and 2 of Article 601 of the General Administrative Code of Georgia is grounds for nullifying the individual administrative-legal act.

Therefore, March 1, 2013 order #140-k of the Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia on dismissal of Manana Ts. from her position contradicts the norms of the Constitution of Georgia, Law of Georgian On Public Service and the General Administrative Code of Georgia and violates the rights of the applicant.