Due to the large number of candidates for membership in the board of directors, the legislator has designated the executive board as the competent authority to review the qualifications of each candidate and the defense and appeal process for the anonymous candidate.
Now, how is it possible for the legislation that foresees such a process for an unknown candidate to be a member of the board of directors, so that no one’s rights are violated, for the members of the board of directors who are known in a province and their conditions with an unknown person who is supposedly He will be disqualified (and no one but himself will be aware of his disqualification) and his reputation is at risk if he is dismissed, the process of investigation and the opportunity to defend have not been foreseen, and easily with an illegal letter by a person. Incompetent and unfamiliar with the law, 2 members of the board of directors should be removed from their positions?!
Question 4- What is the duty of the members of the Board of Directors of the Khorasan Razavi Engineering System Organization regarding the illegal orders of the General Director of Roads and Urban Development, and if they obey these orders, will they be held legally responsible?
As briefly mentioned in the above explanations, the respected members of the board of directors are absolutely guarantors if they comply, and their claim of ignorance of the law cannot be heard. In addition, with the assumption that they are not criminally responsible, huge legal responsibilities are imposed on them.
At an appropriate time, the legal consequences of such orders will be explained in detail to the issuer and the executive. But on the other hand, I present the exact text of Article 159 of the Islamic Penal Code to attract the opinion of people who consider themselves to be irresponsible and carry out the orders with their eyes closed:
Article 159 of the Islamic Penal Code stipulates as follows: If a crime is committed by the illegal order of an official, the commander and the agent shall be sentenced to the punishment prescribed by the law, but the officer who ordered the order due to a mistake is acceptable and is considered to be legal. , has been implemented, he will not be punished and he is subject to the relevant regulations in terms of payment and guarantee.
Summary and conclusion:
The orders issued by the Director General of Roads and Urban Development are completely illegal, which will have very serious legal effects and consequences for him and the people who obey the illegal orders.
I strongly advise the honorable members of the board of directors of the organization to disregard the illegal orders issued and reflect the matter to the honorable minister of road and urban development and other regulatory authorities (to deal with violators), in line with the letter sent by the honorable head of the country’s engineering system organization. While maintaining the unity and preventing any disruption in the operation process of the engineering system organization, proceed with the normal process of the organization.
Also, I warn the two respected members of the board of directors, who consider the illegal order issued as a speech and are acting on it, not to forget that the 3-year term of their membership in the board of directors was signed by the minister. I recommend that they return to their work immediately. Because otherwise, the criminal, legal and professional responsibilities resulting from this omission will be imposed on them, and the excuse of obeying the (illegal) order is not acceptable to the competent authorities.
Although the General Administration of Roads and Urban Development is the supervisor, not the commander, that is a detailed discussion that I will not discuss at the moment.
This post is written by MehdiSaghaKhoramshahi