… TO THE PRESIDENCY OF THE COUNCIL OF STATE
To Be Presented
…… TO THE PRESIDENT OF THE DISTRICT ADMINISTRATIVE COURT
Respondent who responded and appealed through participation :
PLAINTIFF/PLAINTIFFS APPLYING TO THE ORIGINAL APPELLATE LAW;
NAME AND SURNAME :
TC IDENTIFICATION NUMBER :
Subject of the request: ( … ) Administrative Court …/…/…. Day and … / … E. … / … K. as a result of the examination by the District Administrative Court of the numbered decision ( … ), it consists of our responses to the application for the legal path of appeal against the decision on the fundamental rejection of the application for appeal and our request to apply for the legal path of appeal by way of participation.
COURT OF FIRST INSTANCE DECISION
Summary: The Plaintiff … while serving as deputy undersecretary, requested the cancellation of the transaction regarding his appointment as an advisor to the General Directorate of Social Services and Child Protection … of the Administrative Court …/…/…. Day and … / … E. … / … K. according to its numbered decision, the plaintiff’s request for cancellation of the transaction was accepted, but the request for moral compensation was rejected.
DISTRICT ADMINISTRATIVE COURT DECISION
Summary : fundamental rejection of the application
DATE OF NOTIFICATION OF THE DECISION : …/…/…
DATE OF APPEAL PETITION NOTIFICATION : …/…/…
ANSWERS AND EXPLANATIONS :
The plaintiff … while serving as deputy undersecretary, asked for the cancellation of the transaction related to his appointment as an advisor to the General Directorate of Social Services and Child Protection and requested moral compensation. … The Administrative Court has decided to refuse the plaintiff’s request for moral compensation to be returned to the relevant deputy undersecretary position.
Article 125/G of the civil servants Law No. 657; actions and situations requiring deductions from the gross salary of the officer from 1/30 to 1/8 in Article 125/B of the same law, actions and situations requiring stopping the progress of the officer at the level where the officer is located according to the degree of weight of the action are counted for 1-3 years, titled <Application> of the law 132. Article 4. in the paragraph, it is stipulated that those who are given a penalty for cutting the pension or stopping the progress of the echelon as a disciplinary penalty cannot be appointed to the positions of Governor, Embassy, Deputy Minister, Deputy Deputy Minister, General Director, Deputy General Director and Department. Thus, by law, those who receive a penalty for cutting the pension and/or stopping the progress of the echelon are considered tasks that cannot be assigned.
Plaintiff …. According to the investigation report …/…/… dated and … numbered as a result of the investigation conducted as a result of his period as Deputy Undersecretary, the plaintiff was given a penalty of warning and reprimand, as well as a penalty of cutting the pension by 1/15 on the grounds that a contractor engaged in business with the institution received a mobile phone and line, used this phone and line donated to the institution for his needs.
Section 132 of Law No. 657 described above. in the article, it is clear that those who receive a penalty for cutting the pension and/or stopping the progress of the echelon are considered deputy undersecretary duties among the tasks that they cannot be appointed, they have lost one of the conditions sought for the post of deputy undersecretary. Actions subject to disciplinary actions taken by the plaintiff 76 of law 657. in accordance with the article, The Administrative Court granted without regard to the provisions of the law in question, since there are actions that require the plaintiff to be removed from the post of deputy undersecretary…/…/…. Day and … / … E. … / … K. a decision in accordance with the law should be made on the basis of the cancellation of the numbered decision, while the denial of the application for appeal is contrary to the law.
ON THE BASIS OF THE EVIDENCE :
… / … / … date and … numbered investigation report
Prompt result :considering the reasons and reasons mentioned above, the evil eye will be taken into consideration;
( … ) Acceptance of our request to participate in the plaintiff’s appeal against the decision of the district administrative court … date, … basis, … Decision No.,
( … ) We demand and demand that the decision of refusal issued by the District Administrative Court be eliminated in favor of our client for the reasons and reasons that I have stated.
RESPONDING TO THE APPELLANT
APPEAL BY ACCESSION