KÜHEYLAN HUKUK
Suspension of a Civil Servant (Suspension from Duty): Salary Deduction, Duration and Recourse to Lawsuit. Conditions of the measure between Articles 137 and 145 of Law No. 657, two-thirds of the salary, two-month review and reinstatement. This guide has been prepared according to the current version of the Civil Servants Law No. 657, Articles 137 to Article 145, and the decisions of the Council of State as of October 2026.
The legal name for the process popularly called "suspension" is suspension from duty. Law No. 657 defines this not as a punishment, but as a precautionary measure taken against the officer who is deemed unsafe to remain on duty. During the measure, two-thirds of the civil servant's salary is paid. The measure imposed due to disciplinary investigation lasts a maximum of three months. When it is implemented due to criminal prosecution, the authorized chief must examine the officer's situation every two months, decide whether he will return to duty or not, and notify this in writing.
The legality of the measure is checked by the administrative court. When the civil servant is reinstated, one-third of the deducted salary is paid back and the time spent in the open position is reflected in the level advancement and retirement service. This guide explains how the deadlines work and which transactions can be subject to litigation.
1. What is Dismissal? Is it a Punishment?
According to Article 137 of Law No. 657, suspension from duty is a precautionary measure taken against civil servants who would be deemed undesirable to remain on duty in cases required by the State public services. Measures can be taken at any stage of the investigation. Therefore, it is not a disciplinary punishment and does not constitute an admission of guilt. If the officer is acquitted at the end of the investigation and trial, the measure is lifted and the losses are compensated.
The measure has two separate sources. The first is the disciplinary investigation carried out against the officer. The second is the opportunity provided in Article 140 for civil servants who are subject to criminal prosecution by the courts. The time period and review rules are different in the two cases.
longest time 3 months at most. If no decision is made, the officer will be put on duty. No time limit, but review occurs every 2 months
Periodic review not necessary The authorized chief examines the situation every two months, decides whether he will return to duty or not, and notifies him in writing.
2. Who Can Suspend?
Article 138 of the Law lists the authorities: chiefs authorized to appoint, inspectors of ministries and general directorates, governors in provinces and district governors in districts. The governor's consent is required for district administration branch heads. The measures taken by governors and district governors are immediately notified to the civil servant's institution. In terms of civil servants suspended by inspectors, the decision to lift the measure belongs to the chief officer authorized to appoint (Art. 142).
Suspension by an unauthorized authority is grounds for annulment in terms of the authority element. Likewise, if an investigation is not initiated within ten business days after the suspension, legal, financial and criminal liability may arise against the superior (Art. 139/2).
Monthly: Two-thirds of the salaries of civil servants who are suspended from duty and arrested or detained for any crime, whether related to their duty or not, are paid for the duration of the measure. The civil servant continues to benefit from the social rights and benefits provided by the law (Art. 141/1).
Reinstatement and one-third of the severance: If a disciplinary penalty other than dismissal is given at the end of the investigation or trial, if a decision is made to suspend the trial or acquit, if the prosecution is abolished by a general amnesty, or if a penalty that does not prevent the civil service is postponed, the measure will be lifted upon the finalization of these decisions (Art. 143). In this case, one-third of the salary deducted is paid to the civil servant and the time spent away from duty is evaluated in the step advancement (Art. 141/2).
Retirement service: In its decision dated 09.12.2021, the 12th Chamber of the Council of State ruled (E.2018/5228, K.2021/6475, unanimously) that the unemployed periods of a nurse who is reinstated with a disciplinary warning should be included in the retirement service period. The department stated that during the suspension period, instead of the full deduction, a half-rate retirement deduction was taken from the pension, and that this turned into a full deduction upon reinstatement, and therefore, the period spent in the absence would be counted as service for retirement purposes.
Removal of the measure: The measure is immediately lifted for the civil servants who do not need to be dismissed from office or take any punitive action at the end of the investigation. The provision of Article 139 shall apply to the officer who does not lift the measure (Art. 142).
In practice, some administrations assign the officer to another duty instead of suspending him from duty for the sake of the investigation. The 2nd Chamber of the Council of State examined this issue in its decision dated 07.12.2021 (E.2021/16677, K.2021/4738, unanimously). In the file, a department head against whom a disciplinary investigation was initiated was appointed as an expert in the branch manager's staff in order to conduct the investigation properly. The Department stated that the fact that a judicial or administrative investigation is being carried out against an officer cannot be a reason for his appointment to another location, and that there is no regulation in the legislation that allows appointment for this reason. The remedy provided by the law for the officer who is considered undesirable to remain on duty for the sake of the safety of the investigation is the suspension from duty in Article 137. The Chamber found the appointment unlawful in terms of cause and annulled it. This decision indicates that the measure must be carried out within the procedures and time periods prescribed by law.
The action in question: Decision to suspend from office, two-month review decisions regarding the continuation of the measure, rejection of the removal of the measure, and transactions regarding non-payment or underpayment of salaries.
Duration: Administrative court within 60 days from the notification (Art. 7 of Law No. 2577). If an application is made to a higher authority, the period stops and starts to run again after the notification of the response or the end of thirty days (Art. 11).
Suspension of execution: If the precautionary period exceeds the limit of the law or is taken by an unauthorized authority, the action is clearly unlawful. Difficult to compensate damage may also be shown due to deductions from the monthly salary.
Monetary rights: A full judicial request may be added for the payment of one-third of the deducted salary and social benefits.
The following scenario is fictional; It has been prepared to explain a typical situation in practice.
In a fictional example, a criminal investigation was opened against a civil servant working as a chief in a public institution for alleged bid rigging. The superior authorized to appoint suspended the officer from duty and started paying two-thirds of his salary. Even though three months have passed, the chief has not examined the officer's situation and made a decision.
In the measure implemented due to criminal prosecution, the chief must examine the officer's situation every two months, decide whether he will return to duty or not, and notify the decision in writing (Art. 145/2). Failure to conduct an investigation makes continuing the measure unlawful. The civil servant may request the decision by making a written application to the institution, and if he does not receive a response, he may apply to the administrative court within 60 days upon implied rejection or against the notified continuation decision.
Will the suspended officer's salary be cut?
It is not cut completely. The law states that two-thirds of the salary will be paid during the measure (article 141). One third of the deducted fee is paid to the officer in case he is acquitted or reinstated with a disciplinary penalty other than dismissal.
How long does suspension last?
Due to disciplinary investigation, it takes a maximum of three months. If a decision is not made at the end of this period, the officer is put on duty. There is no time limit for criminal prosecution, but the situation is reviewed every two months.
What is the salary of the arrested officer?
Two-thirds of the salaries of civil servants who are arrested or detained for any crime, whether related to their duty or not, are paid (Art. 141/1).
If I am acquitted, what happens to the time spent in public?
The measure is lifted upon the finalization of the acquittal decision. The one-third of the deducted salary is paid and the time spent in the deficit is taken into account in the level advancement. The Council of State accepted that this period should also be reflected in the retirement service.
What happens if the administration assigns me to another place instead of suspending me from duty?
The 2nd Chamber of the Council of State found the appointment made due to the investigation unlawful in terms of cause. Such a transaction may be subject to an annulment lawsuit.
Staying silent: In cases where the measure continues but there is no review for two months, the officer must request a decision by making a written application and if no response is given, he must follow the deadline for filing a lawsuit at the end of thirty days.
Confusing disciplinary and penal processes: The three-month period only applies to measures resulting from disciplinary proceedings. There is no time limit for the measures taken due to criminal prosecution, and there is an obligation for continuous review.
Forgetting about monetary rights: After reinstatement, the refund of the one-third deduction and the calculation of the retirement periods in stages should also be requested from the administration. This application is also subject to time.
Suspension from duty is a measure that directly affects both the professional future and economic situation of the civil servant. The law regulated the measure as a temporary and precautionary measure and clearly stipulated the payment of two-thirds of the salary, time limits and the obligation to review. The decisions of the Council of State show that no other action can be taken instead of the measure and that the rights will be restored upon reinstatement. In such files, Küheylan Law Firm examines together the basis of the measure, the identity of the authorized chief, whether the deadlines and bi-monthly reviews have been fulfilled, and the status of the monetary rights, and plans the application to the administrative court and, when necessary, requests a stay of execution.
Important Legal Notice: The legal explanations contained 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