He succeeded in a lawsuit before the Municipal Court in Prague, according to which his dismissal was not in accordance with the law. The court dropped the decision of the Ministry of the Interior (MV) from the table, which, as an appellate body, confirmed the verdict of the State Secretary of the Ministry of Health (MZ) on the release of Tomašuk from the service.
“The Ministry of the Interior subsequently annulled the decision to release Dr. Tomašuk from the service and returned the matter to the Ministry of Health as a first-instance body for a new hearing,” confirmed Renata Práva, a spokeswoman for the Ministry of Health. According to her, the ministry is dealing intensively with the whole matter. “However, he will not anticipate his decision in the ongoing administrative proceedings,” Povolná added.
According to the findings of the Law, Tomasuk is now ordered leave until July 24. He must not make any major decisions during this time. Until his return from vacation, Michal Bartoš is in charge of managing the institution, who took over the position last year after Tomašuk. “Such are the instructions from the Ministry of Health so far,” Bartoš confirmed to Práva.
Everything revolves around several inspections from the Ministry of Health, which took place at the Pilsen Hygiene during the last year. Their conclusions show that Tomašuk was supposed to cause damage to the state in the order of millions of crowns through illegal actions.
Already after the result of the first inspection, according to which Tomasuk allegedly arbitrarily distributed remuneration to some subordinates and illegally promoted them to higher grades, the disciplinary commission initiated proceedings for a particularly serious offense and proposed his immediate dismissal until the matter was investigated. This also happened, but according to the court, not all legal conditions were met.
It follows from the judgment available to Právo that the State Secretary of the Ministry of Health decided to release the Tomašuk service on the grounds that he had not complied with the corrective measures imposed on him after the inspection. In the court’s opinion, however, Tomasuk actively responded to the imposition of corrective measures.
“He informed his superiors about corrective measures within 14 days of receiving the inspection report,” the court said in a decision. Although he stated that this report was insufficient, the ministry should have called on Tomasuk to supplement it. “He did nothing and instead immediately released him from office,” the verdict said. In such a situation, according to the court, the conclusion that Tomašuk did not reflect the obligations to remedy is not sufficiently substantiated.
In the meantime, an economic audit was carried out at the Pilsen Hygiene, which revealed further irregularities in the management of public money at the time when it was managed by Tomasuk.
“The inspectors found errors in public procurement, the register of contracts or in road transport. The allocated funds for investments were not used for the purpose for which they were intended, “said Povolná for inspection.
And it is the conclusion of this inspection, which was not yet available to the disciplinary commission during the first investigation, that Tomašuka can get out of the director’s position again. According to a source in Práva, a new decision to release him from the service is now at stake.