TO THE ADMINISTRATIVE COURT ON DUTY
DEFENDANT :
DEFENDANT : ………. Mayor’s Office;
SUBJECT : While my client …….. was performing the duties of ……. Municipality’s Chief of Police by being appointed in accordance with the procedure and law, this time, in violation of the legal regulations, my client was transferred to the position of Chief of Police by means of the “Personnel Movement Approval” dated ……. and ………. dated …… and the writings of the …… Municipality Presidency, my client was receiving a salary equivalent to the first level of the …… Degree as the director of the police department, while he was receiving a salary equivalent to the first level of the …… Degree as the director of the police department, it is about the request for the cancellation of the decision regarding the staff duty in the Directorate of Environmental Protection and Control due to the illegality of the decision and the decision to reinstate him to his former position as the director of the police department.
Date of Notification : ……….
Material Event : Client ………., …….. While working as a bodyguard and security officer in the Municipality of ……….., he was appointed as a police officer with the approval of the Presidential Personnel Movement on ………., after serving in this position for many years, he was appointed as the acting police commissioner this time with the Presidential approvals dated ……….. and numbered …….., and by showing outstanding success in this duty, he was appointed as the police commissioner with the Presidential approval ………. . date and numbered …….. with the approval of the Presidency, in the following process, this time with the letters dated ……….. date and numbered …….., the client was appointed as the director of the police department by proxy to the vacant directorate of the police department in accordance with the principle that the conditions sought from the principal are sought in the proxy, and then the client was appointed as the director of the police department by the decision dated ………… and numbered ………. dated …….. and numbered …………., however, although he met the conditions of compliance with the law in all processes, this time with the “Personnel Movement Approval” on …………., a Personnel Movement Approval was issued about him without any legal basis with a completely contrary practice, and the cancellation of the decision due to the contradiction of the existing legal regulations and regulations by removing him from the position of the directorate of the police department he was performing on …….. and assigning him as a police officer to the Directorate of Environment and Protection Control.
Legal Reasons: With the documents we have attached in our petition and the reasons we will explain, we will try to present the reasons why the action taken by the relevant administration against my client is contrary to the law in terms of reason, subject and purpose.
As it is known by your court, administrative procedures must comply with the general principles of law and general procedures.
In this context;
In general, in the procedures to be carried out by the administration, administrative procedures,
Respect for human rights,
Compliance with the principle of equality before the law,
The principle of legal security and stability shall not be violated,
Acting in accordance with the principles of impartiality, good governance, openness and participation,
Compliance with the principle of proportionality
Informing the public,
Compliance with procedural economy,
It is necessary to act according to public judgement.
The principle of diligent protection of personal rights must not be deviated from.
Within the framework of the Administrative Procedure Law and other legal regulations; in the use of public authority, it is obligatory to act in accordance with the above-mentioned principles, even if it is clearly stated in special laws, even if it is not included, otherwise sanctions will be imposed. (Administrative Judicial Litigation and Follow-up Procedure of Cases, Dr. Zuhal Bereket Baş, Dr. Selami Demirkol, Beta Publishing House Ankara 2004)
EXPLANATIONS
(A brief summary of the main points of our case)
1-Client ……………. started to work as a protection and security officer in ………… Municipality on …………, and after staying in this position for a long time, he was transferred to ………… Municipality as a police officer with the “Personnel Movement Approval” dated …………. and numbered …………… (Annex-1)
2-………… With the consent of the Municipality ……….. dated ……….. and numbered ………, he was appointed as the acting police commissioner this time. (Annex-2)
3-The client has carried out this duty meritoriously and successfully, and then, with the consent of the Presidential Authority dated ………. and numbered ……… ………. He was appointed as the Central Supervisor at the Central Police Headquarters. (Annex-3)
4-My client, who successfully carried out this duty, was subsequently appointed as the acting director of the police department in accordance with the letter of the Mayor’s Office dated 11.11.2011. (Annex-4)
5-The client has successfully carried out the Acting Directorate of the Police Department for a period of approximately ……. years and has reached 1 level of the 2nd degree without any disruption in his promotions. In accordance with all legal procedures regulating the position he is in, he has all the qualifications that should be sought in a person who carries out a duty as a principal, and in order to complete his current education at a higher level in addition to his heavy and tiring services, he successfully completed the ……….. University Faculty of Economics Public Administration ………… and brought his education and training to the highest level as well as his physical work. (Annex-5)
6-His success in his profession, his superior work ethic, and the degree he has made at the level of education were taken into consideration and he was appointed as a permanent transfer to the staff of the 1st degree police chief with the “Personnel Movement Approval” dated …………. and numbered ………. by the client ………. Municipality, taking into account these achievements. (Annex-6)
An evaluation letter of the General Directorate of Local Administrations of the Ministry of Internal Affairs regarding the appointment made, which we think may serve as a precedent for your Court and within the framework of forming an opinion in the appreciation and evaluation of your Court in this context, ………. and ………., is also submitted separately. (Annex-7)
7-While the client was carrying out this duty, the client was assigned as a police officer in the Directorate of Environmental Protection and Control of the Municipality …….. with the “Personnel Movement Approval” dated ……… and numbered ……… (Annex-8) with the letters dated …… and numbered 1491, with an evaluation of the Presidency’s Office that lacks legal basis and does not contain any legal justification and while he was performing his duty. Municipality Directorate of Environmental Protection and Control as a police officer. (Annex-9)
8-When the explanations we have made from above and the documents supporting our explanations are taken into consideration, the client has worked with merit throughout his entire service, his achievements have been constantly rewarded by his superiors, and he has come to his current position with his outstanding work and merit, and while coming to this position, he has carried himself to the position within the framework of the rights given to him by the legal regulations, In all processes, he has not created the slightest weakness in the management and administration of the civil servants he has worked under, has tried to carry out the public service in the best way, has been constantly appreciated by his superiors and the Presidency, has not received any verbal or written disciplinary punishment, and has superior qualifications in terms of his record.
9-In addition to damaging my client’s personality and honour, he has also suffered a great financial loss due to being subjected to this legal action without any legal basis.
As can be understood from the documents attached to our petition, the financial losses incurred by the client are presented with documents. (Annex-10-11)
As a result; Considering all the issues we have explained above and the written documents (evidence) supporting this together, it is understood that the administrative action subject to the administrative action requested to be cancelled is contrary to the legal regulations, and it has become necessary to file this lawsuit in order to decide on the cancellation of the administrative action in question.
Substantiation Evidence : Relevant legal regulations, power of attorney, documents related to the administrative action against my client,
Legal Evidence : In addition to the relevant legal regulations, the regulatory provisions of our Constitution protecting individual freedoms and material rights, the relevant provisions of the Law No. 657 and the relevant legislation,
Conclusion and Request : While my client …….. was performing the duties of ……… Municipality’s Chief of Police by being appointed in accordance with the procedure and law, this time, contrary to the legal regulations, my client ………. dated ………. “Personnel Movement Approval” and …….. dated …….. by making a change of duty and title with the writings of the …….. Municipality Presidency dated ……… While my client was receiving a salary equivalent to the first level of the 2nd degree, we respectfully request and request by proxy that the decision regarding the staff position in the Directorate of Environmental Protection and Control be cancelled due to the unlawfulness of the decision and that he be reinstated to his former position as the director of the police, and that the judicial expenses and attorney fees be imposed on the defendant administration.
Plaintiff Representative
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