How to Object to a Disciplinary Penalty as a Civil Servant

Disciplinary penalties imposed on civil servants can be challenged through more than one objection and litigation route, depending on the severity of the penalty.

Types of Disciplinary Penalty

Under Article 125 of Civil Servants Law No. 657, disciplinary penalties range, from lightest to most severe, across five types: warning, reprimand, salary deduction, suspension of step advancement, and dismissal from civil service. The acts warranting each penalty are listed separately in the law.

Objection to the Disciplinary Board

Under Law No. 657, Art. 135, a salary-deduction penalty or a step-advancement suspension penalty may be objected to before the disciplinary board within seven days of notification. Upon objection, the disciplinary board may uphold, revoke or reduce the penalty, but may not increase it.

Annulment Action Before the Administrative Court

Since disciplinary penalties are administrative acts, they can also be directly challenged through an annulment action before the administrative court. Under Article 7 of the Administrative Procedure Law (İYUK), the time limit to file is sixty days from notification of the penalty. If an objection has been filed, this period begins to run afresh from notification of the objection's outcome.

The Special Procedure for Dismissal from Civil Service

Dismissal from civil service is not imposed by disciplinary superiors but by the supreme disciplinary board, and is directly challenged through an annulment action before the administrative court; no separate objection body is provided for this penalty.

Practical Recommendations

Be sure to exercise your right to submit a defence during the disciplinary investigation; imposing a penalty without obtaining a defence statement is, on its own, a ground for annulment of the decision. Note the date of notification, since both the objection and litigation deadlines run from that date and are strict.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.