The Investigative Unit of EL TIEMPO exclusively obtained a letter from Pablo Yesid Fajardo Benítez, director of the National Hydrocarbons Agency, sent to the Ministry of Mines and Energy in which he requests that his status as a pre-retiree and a subject of special constitutional protection be taken into account, referring to the possible departure from the entity under his charge.
Fajardo arrived at the National Hydrocarbons Agency last February after the departure of Orlando Velandia.
The dispute
EL TIEMPO also had exclusive access to the response that the Ministry of Mines, headed by Edwin Palma, sent to Fajardo after the rumor circulated that the latter seeks to cling to the position and had even started spreading the version that he would be acting Minister of Mines when Palma resigned.
In the document, the Ministry of Mines is emphatic that people close to consolidating their pension rights can be holders of reinforced constitutional protection, aimed at safeguarding fundamental rights such as social security and the minimum subsistence level.
They also point out that this protection does not constitute an absolute right to remain in employment nor does it operate automatically, but requires an individualized analysis of particular circumstances, sharply halting the official’s claims,
“The appropriateness of the invoked protection measures cannot be determined in a general or anticipatory manner, but requires verification of the constitutional, legal, and factual premises applicable to a specific administrative action,” reads the response from the Ministry of Mines.
And they are emphatic in stating that decisions related to the appointment, permanence, or removal from the position currently held by Fajardo correspond to the competent authority in accordance with the applicable legal regime.
“The Ministry of Mines and Energy is not called upon to issue a statement that anticipates or substitutes the decisions that the said authority must adopt,” the document reads.
The Ministry of Mines assured that the status of pre-retiree constitutes a legally relevant aspect that, if an administrative situation arises that may affect his employment status, must be evaluated by the competent authority.
‘This is not an attempt to cling to the position’
EL TIEMPO contacted Pablo Yesid Fajardo to ask about his request and he assured that it was a document sent directly to the Presidency of the Republic, but that it was forwarded to the Ministry of Mines and Energy for them to respond substantively.
“I invoked a constitutional right as any citizen can, it would be up to the President of the Republic to decide, but considering that we are in a government transition, I asked the human talent department of the Ministry of Mines to keep my request present in the handover process so that the new government decides”, Fajardo said.
He added: “This is not an attempt to cling to the position, but a right. I submitted the request before the Guarantee Law and in any case, I am already preparing reports to hand over to the new administration the results of the management before the ANH.”
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When this newspaper asked him about the rumors that he sought to be Edwin Palma’s successor, he said: “It is false. You cannot talk about a successor when there are only a few days left for the government to end.”
María Nohemí Arboleda, the new Minister of Mines of Abelardo De La Espriella, would have to decide what will happen with Fajardo’s future, who said that if he stays in the entity it should not be as director.
