The public administration can make use of investigative agencies to flush a two-time employees? The answer is yes. To establish the judgment of the Central Appeals Section II of the Court of Auditors (no. 36954/2016), which authorizes the use of private investigators to verify the public servant infidelity.
The Court accepted the appeal of a public official, who was sentenced to pay the loss of revenue caused by the expenditure on the hiring of a detective agency.
This decision was dictated by the need to achieve rapid results, because the competent INPS office at that time was afflicted with a severe shortage of staff.
Appellant was therefore hired a private investigator because an employee was suspected of carrying out paid work at another employer during the period of parental leave provided for under Law 53/2000 usufruiva.
The employee, in fact, thanks to the evidence provided by the agency, had been declared an infidel and condemned.
The Court has overturned the decision at first instance and has sanctioned the non-existence of the loss of revenue (as the investigative agency’s costs are paid by the untrustworthy employee), PA legitimizing the use of services offered by institutes of investigation.