THE PRESIDENT OF THE ADMINISTRATIVE COURT
It is undesirable to stop the execution.
Prosecutor:
TURKISH IDENTIFICATION NUMBER:
ADDRESS:
LAWYER:
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
suspect:
address :
SUBJECT: This is our Request for the Cancellation of the Transfer Transaction and the Termination of the Execution.
NOTIFICATION DATE: …/ …/ …
descriptions :
1-) Our client is affiliated to the Ministry of National Education …………. While he was serving as a teacher at his high school; the school where he served ….. it was claimed that he explained the chemistry lesson in his classroom in a shorter time than planned and did not submit his written papers.-) Our client is affiliated to the Ministry of National Education …………. While he was serving as a teacher at his high school; the school where he served ….. it was claimed that he explained the chemistry lesson in his classroom in a shorter time than planned and did not submit his written papers. In accordance with Article 125/C-i of Law No. 657, the act of not submitting my client’s written papers requires a warning penalty, due to insulting words allegedly said in class ….
it is stated that it requires a monthly cutting penalty at the rate of. In addition, it was stated that my client’s behavior would damage the trust, reputation and respect in the school, would affect the climate, and it was suggested that he should be assigned to another school within the provincial borders.n addition, it was stated that my client’s behavior would damage the trust, reputation and respect in the school, would affect the climate, and it was suggested that he should be assigned to another school within the provincial borders. Upon the mentioned offer, our client is affiliated to the Ministry of National Education with the transaction dated … / …/ … and numbered … (Oct-1). …………. While he was serving as a teacher at his high school, he was appointed as a teacher at his high School as part of the investigation opened against him ……
2-) Upon the notification of the appointment to our client on …/…/…, our client applied to the defendant administration with a petition with document registration number …/…/… (Annex-2) and requested the cancellation of the appointment process.-) Upon the notification of the appointment to our client on …/…/…, our client applied to the defendant administration with a petition with document registration number …/…/… (Annex-2) and requested the cancellation of the appointment process. However, our client’s request was rejected by the respondent administration’s letter of reply dated …/…/… (Oct-3).
3-) However, as a result of the disciplinary investigation conducted due to the accusations against my client, although there are actual and legal situations that require a decision to be made that the actions subject to investigation are fixed, and on the contrary, that these actions did not take place, warning and suspension were decided on the contrary, along with disciplinary punishment, his place of duty was changed and he was offered a transfer to another educational institution.The process for appointment as a high school teacher has been established.
4-) In the appointment process, there should be no other purpose than the effective and efficient execution of public service and appointment procedures should not be implemented as a punishment. In the appointment process, there should be no other purpose than the effective and efficient execution of public service and appointment procedures should not be implemented as a punishment.
>My client, who was given a warning and a salary deduction penalty due to the -) In the appointment process, there should be no other purpose than the effective and efficient execution of public service and appointment procedures should not be implemented as a punishment.
My client, who was given a warning and a salary deduction penalty due to the alleged acts, was also subjected to an assignment process due to the same acts. This process against our client would constitute a second disciplinary penalty, and therefore there is no legality in the said process. It is obvious that the administrative action taken is based on arbitrariness, not on public interest and service requirements. For this reason, the obligation to file a lawsuit arose.
LEGAL REASONS:
657 LC art. 72, 74, 76, 125; 2577 LC art. 27; Civil Servants’ Transfer and Assignment RegulationEGAL REASONS: 657 LC art. 72, 74, 76, 125; 2577 LC art. 27; Civil Servants’ Transfer and Assignment Regulation art. 9, The Regulation on the Appointment and RelocatLEGAL REASONS: 657 LC art. 72, 74, 76, 125; 2577 LC art. 27; Civil Servants’ Transfer and Assignment Regulation art. 9, The Regulation on the Appointment and Relocation of Teachers of the Ministry of National Education m. 50
LEGAL EVIDENCE : 1-)…/ …/ … Date of Appointment,
2-)…/ … / … Dated … Document Registration Number, 3-) Response Letter of the Defendant Administration …/ …/ ….
CONCLUSION AND REQUEST:
We request and request the cancellation of the assignment transaction with the date and number determined about our client for the reasons described above, the suspension of execution of the relevant decision, as it will lead to irreparable or impossible damages if the transaction is made, the loading of the trial expenses and the attorney’s fee to the other party, the decision to be made by proxy on behalf of our client.
eclair:
1-)…/ …/… Assigning a Date,
2-)…/ …/ … Dated … Petition with Document Registration Number,
3-) The Responding Letter of the Defendant Administration …/ …/ …,
4-) A copy of the approved power of attorney.
The Plaintiff’s Lawyer