to the State Council
To be submitted
…… TO THE PRESIDENCY OF THE REGIONAL ADMINISTRATIVE COURT
THE DEFENDANT, WHO RESPONDED AND APPLICABLE BY PARTICIPATION:
ADDRESS :
ATTORNEY:
APPLICANT/PLAINTANTS APPLICABLE TO LAW OF PRIMARY APPEAL;
NAME AND SURNAME :
TURKISH IDENTITY NUMBER :
ADDRESS :
ATTORNEY:
SUBJECT OF THE REQUEST: (…) Administrative Court …/…/…. Day and …/… E. …/… K., as a result of the examination of the decision by the Regional Administrative Court, consists of our responses to the appeal legal remedy against the decision on the fundamental rejection of the appeal application, and our request to appeal by way of participation.
FIRST DEGREE COURT DECISION
SUMMARY: While the plaintiff… was working as assistant undersecretary, he requested the cancellation of the procedure regarding his appointment as a consultant to the General Directorate of Social Services and Child Protection Agency …/…/… of the Administrative Court. With the decision numbered Gün and …/… E. …/… K., the claimant’s request for annulment of the transaction was accepted, but the request for non-pecuniary damage was rejected.
DECISION OF THE REGIONAL ADMINISTRATIVE COURT
SUMMARY: Refusal of the application on the merits
DECLARATION OF THE DECISION:
APPLICATION APPLICATION DATE OF NOTIFICATION:
ANSWERS AND EXPLANATIONS:
While the plaintiff … was working as assistant undersecretary, he requested the cancellation of the procedure regarding his appointment as a consultant to the General Directorate of Social Services and Child Protection Agency and requested non-pecuniary damages. … The Administrative Court has decided to reject the claim for non-pecuniary damages for the reinstatement of the plaintiff to his position as the relevant assistant undersecretary.
Article 125/G of the Civil Servants Law No. 657; Actions and situations requiring a deduction between 1/30 and 1/8 from the civil servant’s gross salary are listed in Article 125/B of the same Law, and actions and situations requiring the civil servant to be suspended for 1-3 years, depending on the severity of the action, are listed in Article 132 of the Law titled <Application>. In the 4th paragraph of the article, it is stipulated that those who are punished with a disciplinary punishment, such as cutting off salary or stopping their progress, cannot be appointed to the positions of governor, embassy, undersecretary, assistant undersecretary, general manager, assistant general manager and head of department. Thus, those who are punished by the Law to cut their salaries and/or to stop their progress in the rank are listed as the duties that they cannot be appointed.
Plaintiff…. Pursuant to the investigation report dated …/…/… and numbered … prepared as a result of the investigation made regarding the period he served as the assistant undersecretary, the plaintiff was given a warning and reprimand, and he had a mobile phone and line bought by a contractor doing business with the institution. He was given a penalty of 1/15 deduction from his salary on the grounds that he used it for his own needs.
In Article 132 of the Law No. 657 explained above; Since the duty of assistant undersecretary is counted among the duties that those who are sentenced to cut off salary and/or stop their advancement in rank cannot be appointed, it is clear that he has lost one of the conditions sought for the duty of deputy undersecretary. As the actions that are subject to disciplinary punishments taken by the plaintiff, as per Article 76 of Law No. 657, are actions that require the plaintiff to be removed from the position of assistant undersecretary, the Administrative Court’s …/…/… Day and …/… E. …/… K. decision should be annulled and a legal decision should be made on the merits, but the rejection of the appeal application on the merits is unlawful.
EVIDENCE BASED:
…/…/… investigation report dated and numbered …
RESULT OF THE REQUEST: Considering the issues to be taken into consideration ex officio for the reasons and reasons stated above;
(…) Acceptance of our request to join the plaintiff’s appeal legal remedy against the decision of the Regional Administrative Court no … Date, … Basis, … Decision,
(…) We submit and request that the procedural and unlawful aspects of the refusal decision given by the Regional Administrative Court be eliminated in favor of our client, for the reasons and justifications I have stated.
RESPONDING TO APPLICABLE APPLICATION
APPLICABLE BY APPLICATION
ATTORNEY’S ATTORNEY
Lawyer
