SURIGAO CITY (MindaNews/04 July)- Caraga Region Mines and Geosciences Bureau (MGB) regional director Roger de Dios, who was earlier relieved, has filed an administrative case against his superior, MGB national director Leo Jasareno.
was not given a chance to air his
said the relief order violated his right to due process, claiming also that Paje and Jasareno violated the Commission on Election ban on replacing government officials during an election period.
told reporters that he
filed for his
reinstatement as MGB Caraga director before the Civil Service Commission last month.
relief as Caraga MGB regional director can be construed as a form of "constructive dismissal."
Although de Dios was not transferred to other regions, he
feels the government is at the losing end since he
is still receiving his
salary and other benefits without doing anything but just sitting in the office.
De Dios contended that his relief was against Article IX-B, Section 2, Paragraph 3 of the Philippine Constitution, which provides that "no officer or employee of the civil service shall be removed or suspended except for cause provided by law."
"did not disobey his
superiors" pertaining to the operation of Shuley Mines in Nonoc Island, which was the ultimate basis cited in the relief order.
pointed out that his
issuance of OTP to Shuley Mines was in compliance to an existing writ of injunction preventing MGB from stopping the operations of the mining company.
"I am just following the court order and I have informed my superiors of every action I made," he
Shuley Mine was granted the temporary restraining order against MGB
in July 2011 after the agency issued a stoppage order against the mining firm in May 2011.
That injunction remains in effect, according to a draft complaint given to reporters.
earlier said that when he
assumed the post last October, he
was obliged to follow the court order, lest he
will be cited in contempt of court.