TO THE ADMINISTRATIVE COURT
Suspension of Execution is Requested.
Plaintiff:
TURKISH IDENTITY NUMBER :
ADDRESS :
ATTORNEY:
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT:
ADDRESS :
SUBJECT : Cancellation of the Assignment Process and Suspension of the Execution Consists of Our Request.
DATE OF NOTIFICATION: …/ …/ …
DESCRIPTIONS :
1-) Our client is affiliated with the Ministry of National Education …………. While working as a …… teacher in his high school; It has been claimed that he explained the subjects of chemistry lesson in a shorter time than the planned time and did not show his written papers in the class of the school where he was working. It has been stated that the act of my client not showing his written papers requires a warning penalty, and due to the insulting words allegedly said in the classroom, within the scope of Article 125/C-ı of the Law No. 657, it requires a monthly cut-off at the rate of …. Also, it was stated that these behaviors of my client that reduce trust, reputation and prestige at school A proposal was made that it would be appropriate to be assigned to another school in the province with the mention that it would affect the climate. Upon the aforementioned offer, our client, with the transaction dated …/ …/ … and numbered … (ANNEX-1); Affiliated with the Ministry of National Education …………. While he was working as a …… teacher at his high school, he was appointed as …… teacher to …… High School, with reference to the investigation made against him.
2-) Upon the notification of the appointment process to our client on …/…/…, our client applied to the defendant administration with the petition with the document registration number …./…/… and requested the cancellation of the appointment process established about him. However, our client’s request was rejected with the response letter of the defendant administration dated …/ …/ … (Annex-3).
3-) However, as a result of the disciplinary investigation carried out due to the accusations against my client, without providing convincing evidence that the acts subject to the investigation have been confirmed and on the contrary, despite the factual and legal situations that require a decision to be made that the said acts do not come to fruition, by making a decision to the contrary, warning and disciplinary suspension, discipline Along with the penalty, an offer was made to transfer him to another educational institution by changing his place of duty. The process of being appointed as a ………… High School teacher has been established.
4-) In the appointment process, there should be no other purpose other than the effective and efficient functioning of the public service, and the appointment procedures should not be applied as a sub-penalty.
My client, who was punished with a warning and a deduction from his salary due to the acts imputed, was also subjected to an appointment process due to the same acts. Since this action against our client would mean imposing a second disciplinary penalty, there is no lawfulness in the action in question. It is clear that the administrative action carried out is not based on public interest and service requirements, but rather arbitrarily. For this reason, the necessity of filing a lawsuit has arisen.
LEGAL REASONS: 657 S. K. m. 72, 74, 76, 125; 2577 S.K.m. 27; Regulation on the Appointment of Civil Servants by Relocation m. 9, Regulation on the Appointment and Relocation of Teachers of the Ministry of National Education m. 50
LEGAL EVIDENCE :1-)…/ …/ … Date of Appointment,
2-)…/ …/ … Petition dated … Document Registration Number, 3-) Response Letter of the Defendant Administration …/ …/ ….
CONCLUSION AND REQUEST: Due to the reasons explained above, the cancellation of the assignment procedure with the date and number of …/ …/ … established about our client, the execution of the relevant decision to be suspended as it will cause irreparable or impossible damages in case of the execution of the procedure, the litigation expenses and attorney’s fee to be imposed on the other party, We request and request the decision to be made by proxy on behalf of our client. …/ …/ …
ATTACHMENTS:
1-)…/ …/ … Date Assignment,
2-)…/ …/ … Dated … Petition with Document Registration Number,
3-) Response Letter of the Defendant Administration …/ …/ …,
4-) One copy of approved power of attorney.
Plaintiff’s Attorney
Lawyer
