29 Dec PETITION OF APPEAL
THE PRESIDENCY OF THE COUNCIL OF STATE
To Be Presented
…… TO THE DISTRICT ADMINISTRATIVE COURT
THE RESPONDENT AND FILED AN APPEAL BY JOINING :
ADDRESS :
ATTORNEY:
PLAINTIFFS/PLAINTIFFS APPLYING FOR THE ACTUAL REMEDY OF APPEAL;
NAME AND SURNAME :
TC IDENTIFICATION NUMBER :
address :
attorney :
SUBJECT OF THE REQUEST : (…) The Administrative Court …/…/…. Day and …/… E. …/… K. as a result of the examination of the numbered decision (…) by the Regional Administrative Court, our answers to the application for the legal path of appeal against the decision on the fundamental rejection of the appeal application consist of our request to apply for the legal path of appeal by joining and by the legal path of appeal.
THE DECISION OF THE COURT OF FIRST INSTANCE
SUMMARY : The plaintiff… while serving as deputy undersecretary, requested the cancellation of the process related to his appointment as an advisor to the General Directorate of Social Services and Child Protection Agency … of the Administrative Court …/…/…. Day and …/… E. …/… K. by its numbered decision, the plaintiff’s request for cancellation of the transaction was accepted, but the claim for non-pecuniary damages was rejected.
THE DECISION OF THE REGIONAL ADMINISTRATIVE COURT
SUMMARY : Substantive rejection of the application
DATE OF NOTIFICATION OF THE DECISION : …/…/…
DATE OF NOTIFICATION OF THE APPEAL PETITION : …/…/…
ANSWERS AND EXPLANATIONS :
Plaintiff … while he was serving as deputy undersecretary, he requested the cancellation of the transaction related to his appointment as an advisor to the General Directorate of Social Services and Child Protection Agency and requested non-pecuniary compensation. … The Administrative Court has decided to refuse the claimant’s request for non-pecuniary compensation to be returned to the position of the relevant deputy undersecretary.
in Article 125 / G of the Law on Civil Servants No. 657; actions and situations requiring a deduction from the gross pension of an officer between 1/30 and 1/8 In Article 125 /B of the same Law, actions and situations requiring the deceleration of the progress of an officer at the level where the action is based on the degree of gravity are numbered, in Law 132 titled <Application>. Article 4. in the paragraph, it is stipulated that those who have been given the penalty of cutting off their pension or stopping their level progression as a disciplinary punishment cannot be appointed to the positions of governor, embassy, undersecretariat, deputy undersecretary, general directorate, deputy general director and department head. Thus, by law, the duties that cannot be assigned to those who receive a penalty for being cut off from the pension and/ or stopping the progression of the echelon have been counted.
Plaintiff …. According to the investigation report dated and numbered … /… /… issued as a result of the investigation conducted as a result of the period when he was deputy undersecretary, the plaintiff was given a warning and reprimand sentence, and also, a contractor working for the institution received a mobile phone and line, donated to the institution, this phone and line was given a 1/15 monthly cut-off penalty on the grounds that he used it for his own needs.
132 of the above-described Law No. 657. according to the article; Those who receive a penalty for decommissioning and / or stopping the progression of the level are considered to be deputy undersecretary among the duties that they cannot be assigned, it is clear that they have lost one of the conditions sought for the post of deputy undersecretary. The actions of the plaintiff subject to disciplinary penalties taken are subject to Article 76 of Law No. 657. since there are actions that require the removal of the plaintiff from the post of deputy undersecretary in accordance with the article, the administrative court issued without observance of the articles of this law …/…/…. Day and …/… E. …/… K. it is necessary to remove the numbered decision and make a decision on the merits in accordance with the law, while the rejection of the appeal application from the merits is contrary to the law.
ON THE BASIS OF THE EVIDENCE :
…/…/… date and … numbered investigation report
PROMPT CONCLUSION: Taking into account the considerations that will be taken into consideration if you re’sen for the reasons and reasons we mentioned above;
(…) To accept our request to participate in the plaintiff’s appeal against the decision of the District Administrative Court … Date, Basis, Decision No.,
(…) We ask and request that the procedural and illegal aspects of the rejection decision made by the District Administrative Court be resolved to be eliminated in favor of our client for the reasons and reasons I have specified.
WHO RESPONDED TO THE APPLICANT’S APPEAL
THE APPLICANT FOR THE PATH OF APPEAL BY JOINING
THE DEFENDANT ATTORNEY
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