KÜHEYLAN HUKUK
Right to Defense, Objection Periods and Procedure for Filing a Lawsuit within the Scope of DMK and İYUK No. 657
This guide has been prepared based on the current provisions of the Civil Servants Law No. 657, the Civil Servants Disciplinary Regulation and the Administrative Procedure Law No. 2577, as well as the established case law of the Council of State.
Summary Five different severity disciplinary penalties can be imposed on civil servants, from warning to dismissal from civil service; In addition, appointment and relocation transactions made without the consent of the civil servant are also subject to administrative judicial review. In order for these transactions to be considered lawful, the right to defense must be duly recognized, the statute of limitations must be complied with, and no purpose other than public interest and service requirements must be pursued. An administrative objection may be filed against the penalty or appointment, or an annulment action may be filed directly in the administrative court; Determining the correct path and deadlines at the beginning of the process is of decisive importance for the officer's professional future.
1. Types of Disciplinary Penalties for Civil Servants In Article 125 of the Civil Servants Law No. 657, disciplinary penalties that can be applied to civil servants are listed in five groups according to their severity. Except for those listed in the law, no other disciplinary punishment of any name or nature can be given to the officer. Warning: It is a written notification to the officer that he should be more careful in his duty and behavior. Reprimand: It is a written notification to the officer that he is flawed in his duty and behavior. Deduction from salary: It is a deduction at a certain rate from the gross salary of the civil servant. Suspension of promotion in rank: It is the prevention of the officer from advancing in his current rank for a certain period of time, depending on the severity of the act. Dismissal from civil service: It is the dismissal of the civil servant from the profession so that he will not be appointed to the civil service again; It is the most severe disciplinary punishment. While warning, reprimand and salary cut penalties can be given directly by the disciplinary superiors, the penalty of suspension of grade advancement is given by the superiors authorized to appoint after the decision of the disciplinary board is taken, and the penalty of dismissal from civil service is given by the decision of the high disciplinary board of the institution to which the civil servant is affiliated.
2. Procedural Safeguards in Imposing Disciplinary Punishment 2.1. Right to Defense In accordance with Article 129/2 of the Constitution and Article 130 of Law No. 657, disciplinary punishment cannot be given to civil servants and other public officials without granting them the right to defense. The acts and situations attributed to the person concerned must be notified in writing, and at least seven days must be given for him/her to prepare his/her defense. If no defense is made within this period, the right to defense is deemed to be waived and the administration can make its decision with the available information and documents. As consistently emphasized in the jurisprudence of the Council of State, disciplinary penalties imposed without granting the right to defense or with a duration of less than seven days are annulled solely due to this lack of procedure; There is no need to even enter into whether the basis of the transaction is correct or not.
2.2. Limitation Periods Küheylan Law Firm — © 2026 All Rights Reserved. 1 / 4 The authority to impose disciplinary punishment is limited to the periods prescribed by law. From the date on which it was learned that the act was committed; For punishments such as warning, reprimand, deduction from salary and suspension of grade advancement, disciplinary proceedings must be initiated within one month, and for penalties of dismissal from civil service, disciplinary proceedings must be initiated within six months. If the investigation is not started within this period, the authority to impose penalties expires. In addition, if disciplinary punishment is not given within two years from the date of the act, the authority to impose punishment is completely eliminated, regardless of the stage of the process.
3. Specific Procedure for the Penalty of Dismissal from Civil Servants. The penalty of dismissal from civil service is subject to a different procedure from other disciplinary penalties. The process begins with the disciplinary superior making such a request; The chief's request, together with the investigation file, is submitted to the high disciplinary board of the institution to which the officer is affiliated. The high disciplinary board must decide on the file submitted to it within six months at the latest; If a decision is not made within this period, it will no longer be legally possible to impose a penalty of expulsion. The high disciplinary board cannot be satisfied with the first defense taken during the investigation; The officer must also be given the right to "last defense" before the board, either verbally or in writing. Failure to grant this right of last defense is considered a sole reason for annulment. The board does not have the authority to impose a penalty other than the one proposed by the chief; can only accept or reject the offer. In case the offer is rejected, the superiors authorized to impose a penalty may impose another disciplinary penalty within fifteen days or decide that there is no need to impose a disciplinary penalty.
4. Objection to Disciplinary Punishment: Administrative appeal can be filed against disciplinary punishments other than dismissal from public service within seven days from the notification of the decision. Warning, reprimand and salary deduction penalties are given to the disciplinary board; The penalty of suspension of grade advancement is appealed to the high disciplinary board. If the objection authority does not make a decision within thirty days, the request is deemed to be implicitly rejected. Objection is not a mandatory means; If the officer wishes, he can also file an annulment lawsuit directly in the administrative court within the objection period. Administrative appeal against the penalty of dismissal from civil service is closed; An annulment lawsuit can only be filed against this penalty in the administrative court.
5. Case for Cancellation of Disciplinary Penalty If no administrative objection has been filed, a case for annulment must be filed in the administrative court within sixty days from the notification of the disciplinary penalty. If an objection has been filed but is rejected, a lawsuit may be filed within sixty days from the notification of the rejection decision or the expiration of the thirty-day implied rejection period. As a rule, the competent court is the administrative court where the officer works. The court supervises the disciplinary punishment in terms of both procedure and substance. In the procedural audit, it is examined whether the right to defense is recognized, whether the statute of limitations is complied with, and whether the authority competent to impose the penalty is correctly determined. In the main audit, it is evaluated whether the alleged act was actually committed and whether there is a proportionality between the act and the penalty imposed (proportionality principle). The Council of State may annul penalties based on unilateral declarations or investigations concluded without hearing witnesses, on the grounds that the evidence was not adequately investigated.
6. Cancellation Action Against Appointment Transactions Transferring appointment or relocation transactions made without the consent of the civil servant are also subject to administrative judicial review. Although the administration has wide discretion in appointment, this authority is not unlimited; Every appointment must be based on the principle of public interest and service requirements. The following situations are considered among the disabilities that most frequently lead to the cancellation of the appointment process in practice: Punitive or arbitrary purpose: The use of the appointment power to actually punish the officer or remove him from the institution makes the action unlawful in terms of the purpose element. Not taking into consideration the disability status: The administration does not take into account the officer's disability conditions recognized in the legislation, such as his/her health, spouse or education status. Lack of concrete justification: Expressions such as "for service" or "on necessity" do not contain any concrete facts or facts. Küheylan Law Firm — © 2026 All Rights Reserved. 2 / 4 It is cited as a sole justification without being supported by any document. Violation of the principle of equality: Separating and assigning only one officer to another location while other officers with the same seniority, title and conditions remain in place. The Council of State emphasizes that an appointment recommended as a result of a disciplinary investigation must be proportionate to the severity of the alleged act; A severe change of location that is incompatible with the nature of the act may be considered unlawful.
7. The Importance of the Request for Stay of Execution In an annulment lawsuit filed against disciplinary or appointment procedures, it is of great importance to request a stay of execution along with the petition. Consequences such as the deduction of salary and social benefits in the case of dismissal from civil service, suspension of the right to promotion in case of suspension of rank advancement, or the family having to move to another city in an appointment process, may lead to irreparable or impossible damages if the case is waited until the end. In case of a stay of execution decision, the officer continues his duty until the case is concluded and continues to receive his financial rights.
Type of Punishment Authority Imposing the Punishment Objection Authority Warning / Reprimand / Cutting from Monthly Disciplinary Chief Disciplinary Board (within 7 days) Suspension of Level Progression Chief authorized to appoint by the decision of the Disciplinary Board High Disciplinary Board (within 7 days) Dismissal from Civil Servant High Disciplinary Board Administrative appeal is closed; direct annulment case 8. Deletion of Penalties from the Record Pursuant to Article 133 of Law No. 657, a civil servant who has received a disciplinary penalty other than the penalty of dismissal from civil service; Five years after the implementation of the warning and reprimand penalties, and ten years after the implementation of the penalties of deduction from salary and suspension of promotion, he may apply to the superior authorized to appoint him and request that the penalty be deleted from his personnel file, provided that he has shown a positive record during this period. This deletion does not occur spontaneously; The officer must apply in writing when the period expires.
Concrete Application Scenario Incident Summary Form A disciplinary investigation was initiated against a civil servant working in a public institution on the grounds that he acted disrespectfully towards his superior; At the end of the investigation, the officer was given a "suspension of promotion" penalty. The officer thinks that he did not display a disrespectful attitude towards his superior during the incident and that the allegation is one-sided and unfounded.
Application and Legal Process When Küheylan Law Firm, which was contacted three days after the notification of the penalty, examined the investigation file, it found that the officer was actually given less than seven days in the defense request letter and that the incident was concluded based only on the statement of the chief, without hearing the only eyewitness. An annulment lawsuit was filed directly in the relevant administrative court within the sixty-day filing period, without waiting for the seven-day objection period; The request for stay of execution is also included in the petition in detail.
Conclusion: The court decided to annul the disciplinary penalty, finding that the defense period was not duly granted and that the investigation was based solely on a unilateral statement; The civil servant's right to advance in rank has been re-established retroactively.
9. Frequently Asked Questions Küheylan Law Firm — © 2026 All Rights Reserved. 3 / 4 If I do not submit a defense, will I be subject to disciplinary punishment? If the defense is not made within the allotted time, the right to defense is deemed to be waived and the administration can make a decision based on the information and documents it has. However, this does not automatically ensure the legality of the punishment; The penalty is still subject to administrative judicial review on its merits.
Can I file a lawsuit directly without resorting to administrative appeal? Yes. Administrative appeal is not a mandatory prerequisite, except for the penalty of dismissal from civil service; If the officer wishes, he can file an annulment case directly in the administrative court within the objection period. However, after an objection is filed, a separate lawsuit cannot be filed until the objection is concluded. I received disciplinary punishment. Will this prevent me from being appointed to another position in the future? Pursuant to Article 132 of Law No. 657, those who are punished with a salary cut cannot be appointed to certain managerial positions such as department head or above for five years, and those who are punished with suspension of promotion cannot be appointed to certain managerial positions for ten years. This restriction disappears once the penalty is deleted from the record. I do not have the opportunity to live with my family where I am assigned. How should I raise this objection? Spouse status is a condition of disability that is evaluated with particular sensitivity in the administrative judiciary. In the petition, it is important to submit concrete information and documents regarding the spouse's place of employment, the educational status of the children, if any, and the disruption of the family unity, in order to prove that the transaction was established without taking into account the disability.
Attention: Common Mistakes in the Process Confusing the seven-day objection period with the lawsuit period: The objection period and the sixty-day period for filing a lawsuit are different periods; If an objection has been filed, a lawsuit cannot be filed without waiting for a rejection decision. Not questioning the procedure of the defense period: Whether the period granted in the defense request letter is actually less than seven days must be separately evaluated in the petition. Skipping the request for stay of execution: Forgetting this request, especially in cases of dismissal and suspension of tier penalties, causes financial losses to accumulate without compensation during the course of the case. Not checking the statute of limitations: Whether the investigation was started within one month or six months and whether the two-year maximum period was exceeded is a strong basis that can be put forward in an annulment lawsuit. Not presenting concrete evidence in appointment cases: It is not enough to just say "I was unfairly appointed"; Concrete information and documents showing the violation of public interest, disability or inequality must be attached to the petition.
Conclusion Disciplinary penalties, appointment and dismissal decisions against civil servants can have serious consequences that directly affect the professional future of the person; However, these transactions, like all other transactions of the administration, are subject to strict procedural rules and judicial review. Full recognition of the right to defense, meticulous compliance with the statute of limitations and objection periods, and the timely and justified request for stay of execution are the factors that directly determine the outcome of the process. Küheylan Law Firm, with its command of current case law in administrative law and public personnel legislation, offers comprehensive legal support to civil servants from the beginning of the disciplinary investigation to the end of the annulment case.
Hunting. Mert Deniz Küheylan Important Legal Notice: The legal explanations in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the unique circumstances of each file may change the outcome, it is recommended to seek support from an administrative law attorney from the beginning of the process.
KÜHEYLAN HUKUK