24 Apr Refundable Registered Notification Is Valid
T.O
COUNCIL
8. DEPARTMENT
PRINCIPAL NO: 2011/6339
DECISION NO: 2013/8799
DECISION DATE: 26/11/2013
Summary Of The Request: Istanbul 1. Day and the Administrative Court of 13/05/2011 E:2010/2218, K:2011/763 no decision is proposed to be in violation of the law, the law 2577 49. in accordance with the article, the appeal is a request for review and annulment.
Summary of defense: no defense was given.
Council of State Examination Judge opinion: it is thought that the court decision should be overturned by the acceptance of the request.
ON BEHALF OF THE TURKISH NATION
The matter was discussed by the eighth Office of the Council of State, which made the decision:
Case, Istanbul University Faculty Of Letters Department Of Geography 4. the plaintiff, who is a student of the class, is the 8th president of the student discipline regulation of Higher Education Institutions published in the Official Gazette dated 13.01.1985 and numbered 18634. in accordance with Paragraph (A) of Article “one week suspension from Higher Education Institution” on the punishment of 03.11.2010 day 3230 was opened with the request for cancellation of the transaction.
The Administrative Court ruled that the suspension from the institution of higher education from one week to one month would be imposed directly by the dean of the faculty and that the transfer of authority would be possible only if the law is explicitly given in the case of the transfer of power in accordance with the provisions of the law on the grounds that
Published in the Official Gazette No. 18634 dated 13/1/1985 of Higher Education Institutions student discipline regulation entitled “Right to defend” 16. (a) the reason for the offence attributed to the student to whom a disciplinary investigation is opened shall be reported in writing at least seven days before the date of his / her defence.; it is stipulated that the student will be asked to be present at the specified day, time and place to make his / her defense, and that in cases where notification is not possible, the student will apply to the investigator to make his / her defense, and that it will be announced at certain places of the organization in which he / she belongs.
35 of the same regulation entitled “notification and address notification”. article “due to disciplinary prosecution, all kinds of notification, the student’s registration to the institution of higher education reported in writing to the address or notification is announced in the relevant institution of higher education is considered completed. Students who have changed the address they reported when enrolling at the higher education institution, or who have not registered it to the institutions they belong to, or who have given a wrong or incomplete address, cannot claim that they have not been notified if a notification has been made to their current address at the higher education institution.”the rule has taken place and is titled” The Way of correspondence” 37. in the article ” correspondence with persons shall be made with registered return. If the document is given by hand, the signed document is stored in the file. 35. the provisions of the notification law no.7201 shall be applied in other matters without prejudice to the form of the notification in the article.”the arrangement is given.
From the examination of the file, the plaintiff, on 27.05.2010 security officers and two students verbally to attack and insult due to the fact that the disciplinary investigation, announced the defense of the invited, the plaintiff gave Defense on 11.10.2010 , organized investigation report brought in accordance with the proposal attributed to the subuta Erden betle, by the assistant dean dated 03.11.2010 and 3230 dated process No. 8 of the it is understood that he was punished with a penalty of “one week suspension from the higher education institution” in accordance with Paragraph (A) of the article, and that the case under consideration was opened with the request for cancellation of the said transaction.
Disciplinary action will be given to students of a higher education institution within the higher education institution the aim of peace, tranquility, and discipline, training and education activities incompatible with education and training activities in a proper manner of acts and behaviors that hinder the execution prevention. However, due to the fact that the disciplinary penalties to be applied against the students will affect the right of the students to education and training, the procedures and principles related to the disciplinary investigation are bound by strict rules. In this context, the institutions of Higher Education Student Discipline regulation 16. in this article, the obligations to be complied with by the administration in order to benefit from the right of defense of the student whose disciplinary investigation has been opened are regulated in a clear and detailed manner.
In accordance with the above mentioned legislation, it is observed that in order for the plaintiff to make a defense, the offence attributed to the plaintiff consists of reasons, at least seven days before the date of making his defense, the plaintiff should be notified to the address reported during registration to the higher education institution and, if the notification is not possible, the
In this respect, due to the failure of the plaintiff to issue a written notification of the action referred to in the student discipline regulation of Higher Education Institutions and the duration of the defense, the investigation is not carried out in accordance with the rules of the said regulation, since it is understood that the investigation is not carried out in accordance with the rules
In this case, it is against the law because the process in question was established by the assistant dean without authorization as stated in the court decision, as well as because the defense of the plaintiff was not taken in accordance with the procedure during the disciplinary investigation phase.
For the reasons described; Istanbul 1. It was decided unanimously on 26/11/2013 to approve the decision of the Administrative Court subject to appeal on the grounds mentioned above, to send the file to the said court,and to correct the decision within 15 (fifteen) days following the notification date of this decision.
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