Sample Petition For Cancellation Of Appointment
TO THE PRESIDENCY OF … ADMINISTRATIVE COURT
Request for Stay of Execution.
THE PLAINTIFF :
ADDRESS :
ATTORNEY :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : Our petition for the Cancellation and Suspension of Execution of the Appointment Procedure.
DATE OF NOTIFICATION : …/ …/ …
A P A R T I C A T I O N S
1-) While our client was working as a teacher at …………. High School, ……, affiliated to the Ministry of National Education; it was alleged that he explained the chemistry course subjects in the …. class of the school he was working in shorter than the planned time and did not show the written papers.
It has been stated that the act of not showing the written papers of my client requires a warning penalty, and due to the insulting words allegedly said in the classroom, it is stated that it requires …rate of salary deduction penalty within the scope of Article 125/C-i of the Law No. 657, and it has also been proposed that it would be appropriate to assign my client to another school in the province, mentioning that these behaviors that reduce the trust, reputation and prestige in the school will affect the climate in the working environment.
Upon the aforementioned proposal, our client, with the transaction dated …/ …/ …/ … and numbered …; …………. High School under the Ministry of National Education, he was assigned to …… High School as a ….. teacher, based on the investigation conducted against him while he was working as a teacher at …… High School.
2-) Upon the notification of the appointment process to our client on …/…/…/…, our client applied to the respondent administration with a petition dated …/…/…/… with ….-document registration number and requested the cancellation of the appointment process established against him. However, with the respondent administration’s reply dated …/ …/ …, our client’s request was rejected.
3-) However, as a result of the disciplinary investigation carried out due to the accusations attributed to my client, as a result of the disciplinary investigation carried out due to the accusations attributed to my client, without presenting convincing evidence that the acts subject to the investigation have come to light and despite the actual and legal situations that require a decision to be made that the acts in question have not come to light, a proposal has been made to appoint him to another educational institution by changing his place of duty, along with a warning and disciplinary salary deduction disciplinary penalty.
After the proposal brought in terms of discipline, the disciplinary supervisor decided to impose a warning penalty and a monthly deduction penalty, while depending on the proposal brought administratively, with the transaction subject to the lawsuit, a transaction was established to be appointed from my teaching position in …………. High School to ………… High School teacher.
4-) In the appointment process, there should be no other purpose other than the effective and efficient operation 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 monthly deduction penalty due to the acts imputed, was also subjected to an assignment procedure for the same acts. Since this action taken against our client would mean a second disciplinary punishment, there is no compliance with the law in the action subject to the lawsuit. It is clear that the administrative action taken is not in the direction of public interest and service requirements, but the element of arbitrariness is predominant. For this reason, the necessity to file a lawsuit has arisen.
LEGAL CAUSES :
657 S. K. Art. 72, 74, 76, 125; 2577 S. K. Art. 27; Regulation on the Appointment of Civil Servants by Relocation Art. 9, Ministry of National Education Regulation on the Appointment and Relocation of Teachers Art. 50
LEGAL EVIDENCE :
1-)…/ …/ …/ … Dated Appointment Procedure,
2-) Petition dated …/ …/ … with Document Registration No. …, 3-) Respondent Administration’s …/ …/ … Response Letter.
CONCLUSION AND REQUEST:
For the reasons explained above, we hereby request and demand on behalf of our client that the appointment procedure dated …/ …/ …/ … and numbered … be canceled, that the execution of the relevant decision be suspended since the implementation of the procedure will cause irreparable or impossible damages, and that the costs of the proceedings and attorney fees be imposed on the other party. …/ …/ …
ANNEXES :
1-)
2-)
Counsel for the Plaintiff
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