07 Apr AN EXAMPLE OF AN APPEAL PETITION, ALTHOUGH PERMISSION TO INVESTIGATE HAS BEEN GRANTED
ANTALYA REGIONAL ADMINISTRATIVE COURT
TO BE SENT TO
TO THE GOVERNORSHIP
DECISION NO : 498.06441/…….
DATE OF DECISION : 04.02.2018
THE OBJECTOR :
CLAIM : Central …………..The neighborhood …. Name ….. Parcel ………. In 2017, a One-Story Building in a Field-Type Real Estate …………….. Was constructed by then,if the immovable sold ………… also the subscriber has received electricity and water to the building on the real estate and zoning pursuant to apply to benefit from the peace of this document, therefore, that the mayor’s disregard of court decisions, a false document, edit the document claims he cheated on formal institutions.
DATE OF NOTIFICATION :
SUBJECT OF APPEAL: Alanya District Governor’s Office ………… date of birth It Consists in Our Request to Revoke the Permission for the Investigation Granted in Accordance with Decision No.
INSTRUCTIONS
The Governorship Of Alanya ………dated decision No. 1 on granting permission to investigate his decision ….. I have already explained its history. However, since I believe that the relevant decision is contrary to the procedure and the law, I was obliged to make my objections within the period of time. As a matter of fact, the relevant articles of the Law No. 4483 on the Trial of Civil Servants and Other Public Officials have been clearly violated.
During the preparation of this document by me, the Building Registration Certificate was obtained by the persons applying to me, and the necessary applications for the subscriber were made to the relevant departments of the Municipality of Alanya. Again, the document filled out by T-is a missing document requested by the Municipality of Alanya. For this reason, I do not accept the accusations and statements in favor of me.
4 Of the Mentioned Law.article 3.in the paragraph “according to this law, the report of complaints to be made about public officials and civil servants and other abstract and serious allegations or complaints to notice the lack of a general nature based on signs and documents specifying the person or event, tip, complaint or petition, the petitioner has the correct name, surname and signature it is imperative to have business or residence address.” The provision has been established in the form of. However, the document communicated to me was not based on any document and the allegations remained abstract.
The relevant articles of the Law No. 4483 on the Trial of Civil Servants and Other Public Officials have been clearly violated.
First of all, law No. 4483 No. 6.according to the last paragraph of the article, the competent authority decides whether or not to grant permission for an investigation into this report. Justification is mandatory in these decisions’
In the decision communicated to me, only the abstract statements of the complainant are shown as justification. .In this way, it is against the law No. 4483 md6 / last paragraph of the procedure to conclude that permission to investigate has been granted with an ambiguous statement and to use statements that will give room for doubt when explaining even the reasons that require the granting of this permission, and also to grant permission to investigate me WITHOUT GIVING A JUSTIFIED REASON BASED only ON THE UNILATERAL STATEMENTS OF the CLIENT.
6 of the same law again.in the article “the person or persons appointed with the preliminary investigation, inspectors from the Ministry themselves with the commissioning authority has all the powers of the Criminal Procedure Law and there is no provision in this law matters can operate according to; about the testimony of the officer or other public officer review is located within its powers by taking the views and gather the necessary information and documents that permit Editing provide a report that contains status by the competent authority. If the preliminary examination was conducted by more than one person, different opinions are indicated separately in the report on their grounds.
The competent authority decides whether or not to grant permission for an investigation based on this report. Justification is mandatory in these decisions,”the regulation has been introduced. Considering all these issues together, the decision communicated to me constitutes a violation of the procedure and the law. Because the abstract claims reflected in the decision were not justified by the documents and the preliminary examination specified in the law was not carried out in accordance with the legislation. The inspector or an official authorized to conduct a preliminary examination receives witness statements, if any, with the statements of the person who has been pre-examined and the complainant, and collects all kinds of evidence, information and documents related to the investigation. The authorized inspector or official conducting the preliminary examination shall prepare a report evaluating the opinions and evidence formed as a result of the preliminary examination and submit it to the authority authorized to authorize the situation. During the preliminary examination, my party’s opinions were not consulted, and in this case, according to the report prepared, it is also illegal to make a decision.
Although the subject of the complaint does not accept the accusation, for the reasons described above, the complainant’s claims are abstract and general in nature, and it is against the law and the law to accept them, while they should not be accepted by the Alanya District Administration. This is an unfair accusation made by the complainant to victimize me.For these reasons, it is impossible for me to accept the charge.
CONCLUSION and CONCLUSION
For the reasons explained above and for the reasons that will be considered officially, the District Governor of Alanya 0……….. date and ……….i sincerely wish that the decision on granting permission to investigate my decision will be REMOVED FROM YOUR APPEAL, IT will be decided THAT THERE IS NO PLACE FOR GRANTING PERMISSION TO INVESTIGATE, and MY APPEAL will be ACCEPTED.
THE OBJECTOR
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