TO THE CHAIRMAN OF THE ADMINISTRATIVE COURT
The Execution Must Be Stopped.
prosecutor :
TC IDENTIFICATION NUMBER :
address :
attorney :
(Legal representatives of the parties, if any)
address :
(Legal representatives of the parties, if any)
DEFENDANT :
address :
SUBJECT : It Consists in Our Request to Cancel the Assignment and Stop Execution.
DATE OF NOTIFICATION : …/ …/ …
INSTRUCTIONS :
1-)Our client is affiliated to the Ministry of National Education …………. While he was working as a teacher at his high school, …….; the school where he was working ….it has been claimed that he explained the chemistry course topics in his class shortly than the planned time and did not show his written papers. It was stated that the act of not showing my client’s written papers required a warning penalty, and because of the insulting words allegedly said in the classroom required a monthly cut-off penalty in accordance with Article 125 / C-i of Law 657 … in addition, the proposal was made that it would be appropriate to assign my client to another school in the province with a bet that these behaviors that reduce trust, reputation and dignity in the school will affect the working environment climate. Upon the said offer, our client, … / … / … with the date and … transaction numbered (ANNEX-1); Ministry of Education …………. While working as a teacher at his high school, he bet on the investigation of his high school ……………he was appointed as her teacher.
2-)Upon notification of the appointment process to our client on the date /…/, our client …/…/ dated ….with the petition numbered registration of documents (ANNEX-2), the defendant applied to the administration and requested the cancellation of the appointment process established about him. However, our client’s request was rejected by the respondent administration’s response letter dated (ANNEX-3).
3-)However, as a result of the disciplinary investigation conducted due to the accusations attributed to my Client, convincing evidence has been revealed that the acts subject to investigation have been suppressed, and on the contrary, despite the actual and legal situations that require a decision to be made that these acts have not been suppressed, by creating a decision to the contrary, warning and disciplinary suspension with a disciplinary penalty, in addition, an offer was made to appoint him to another educational institution by changing his position.After the offer brought from the disciplinary point of view, the disciplinary supervisor decides on a warning penalty and a monthly cut-off penalty, while depending on the offer brought from the administrative point of view, the subject of the case is processed ………….From my teaching position at his high school ………… A process has been established for the appointment of a high school teacher.
4-) There should be no other purpose in the appointment process other than the purpose of effective and efficient functioning of the public service, and the appointment procedures should not be applied as a sub-penalty.
My client, who was punished with a warning and a monthly cut-off penalty due to the acts he was accused of, was also subjected to an appointment process due to the same acts. Since this action taken against our client will mean the imposition of a second disciplinary action, there is no compliance with the law in the process subject to litigation.It is clear that the administrative process carried out is mainly based on the element of arbitrariness, not on the axis of public interest and service requirements. For this reason, it has been necessary to file a lawsuit.
LEGAL REASONS :657 P. K. m. 72, 74, 76, 125; 2577 Pp. K. m. 27; Regulation on the Appointment of Civil Servants by Relocation m. 9, The Regulation on the Appointment and Relocation of Teachers of the Ministry of National Education m. 50
LEGAL EVIDENCE :1-)…/ …/ … Appointment Process,
2-)… Petition with the Registration Number of Documents Dated / …/…, 3-) Letter of Reply of the Defendant Administration …/ … / ….
CONCLUSION AND REQUEST: For the reasons described above, we request and request that the date / … / … appointment established about our client be canceled, the execution of the relevant decision be stopped, the trial costs and the attorney’s fee be charged to the opposite party, and the decision be made by proxy on behalf of our client, as this will lead to irreparable or impossible damages if the transaction is implemented. …/ …/ …
ECLAIR :
1-)…/…/ … Dated Assignment Operation,
2-)… / …/ … Dated … Petition with Document Registration Number,
3-) The Respondent Administration’s …/ … / … Response Letter,
4-) An example of a certified power of attorney.
Plaintiff’s Attorney
