The hidden side of an administrative case

October 12, 2011 15:35

(Baonghean) -Although the trial ended nearly half a month ago, the fact that Mr. T, the head of a department of H district, sued the People's Committee of H district is still being discussed by public opinion.

At the trial that day, the courtroom was packed to the exit. Everyone was interested and eager to attend, because they wanted to see what kind of person Mr. T was that he "dared" to sue his superiors. Up to now, there has been a precedent for people suing in court about the decisions of state agencies, but for officials with proper positions to sue their superiors is... rare! So what is the hidden corner behind the lawsuit?

The incident can be summarized as follows: On September 21, 2009, Mr. T submitted an application and documents requesting to re-register his birth at the People's Committee of his hometown commune. Based on the documents he provided, the Commune People's Committee issued him a re-registered original birth certificate with the year of birth 1955. However, on November 26, 2010, the People's Committee of District H decided to revoke and cancel Mr. T's re-registered original birth certificate for the following reasons: Mr. T's re-registration procedure was not complete according to the law and Mr. T currently has an original birth certificate (first registered on April 16, 1974) with the year of birth 1952 stored in the civil servant file at District H. Disagreeing with the above decision, Mr. T sued District H. in court and claimed that the original birth certificate of his birth in 1952 had been erased, altered, damaged, and was now no longer legally valid and could no longer be used, so he "must" be allowed to re-register.

Researching Mr. T's records shows that: the identity card issued by Nghe Tinh Police in 1983, family register, high school transcript and copy of high school graduation certificate issued in 1974, student resume and graduation certificate issued by the Agricultural University in 1979, motorbike registration, driver's license and some other documents all show his year of birth as 1955. Only his cadre resume and party membership resume show his year of birth as 1952.

Through following the trial, we found it strange that Mr. T was the one who erased his birth certificate. Mr. T registered his birth year as 1955, then erased and corrected it to 1952, and now re-registered his birth year as 1955. What was Mr. T's motive behind his actions?

Learning from Mr. T's friends and relatives, we gradually determined the nature of the problem. In fact, Mr. T was born in 1952, as he declared in his personal record. However, during his high school years, because he failed to pass the high school entrance exam, he went to a supplementary school. However, after 2 years of studying the supplementary school, he dropped out and went home for a year, then continued to take the high school entrance exam. Therefore, in order for his birth year in the documents to match his time of study, in 1974 he registered his birth year as 1955. However, when he became a civil servant of the District People's Committee, the life of civil servants in the 1980s was extremely difficult, everyone wanted to retire early, so he arbitrarily erased and corrected his birth certificate, changing his birth year from 1955 to 1952 to match the civil servant and party member records that Mr. T had previously declared. But life was not as he thought, the life of civil servants was getting better and better, Mr. T. was also appointed as the head of the department so he wanted to extend the time to enjoy the "benefits". Therefore, he thought of a "trick" to re-register his birth certificate.

The trial has ended, the Trial Panel has dismissed Mr. T's lawsuit. Let's not discuss the right or wrong of the court's decision, but public opinion is still concerned, because Mr. T is a cadre, a party member, previously held the position of Head of the Justice Department and is currently the Chairman of the H District Lawyers Association, so he must be very knowledgeable about the law; but because of personal gain and taking advantage of loopholes in the law, at different times he arbitrarily altered the records in a way that was favorable to himself, then self-accused himself of erasing the original birth certificate in order to re-register.


Tram Anh

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The hidden side of an administrative case
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