Civil servants are expected to perform their duties according to established rules. Disciplinary offenses occur when a civil servant's actions or behaviors violate these rules, hindering efficient service delivery.
The Legal Framework
Law No. 657 serves as the foundation for disciplinary actions against civil servants in Turkey. However, separate regulations govern specific personnel groups like judges, university staff, and law enforcement officers.
Initiating a Disciplinary Investigation
A civil servant's superior launches a disciplinary investigation upon learning of a potential offense. This information might come to light during inspections, audits, or through complaints filed against the civil servant.
Key Principles
Three core principles guide the disciplinary process:
Legality: All actions must have a legal basis.
Right to Defense: Civil servants have the right to defend themselves against accusations.
Judicial Review: Disciplinary decisions can be challenged in court.
Time Limits for Investigations and Penalties
There are time limits for initiating disciplinary investigations and imposing penalties. Investigations for minor offenses (warning, reprimand, salary deduction, promotion suspension) must begin within one month. For dismissal, the deadline is six months. Additionally, disciplinary penalties cannot be imposed after two years from the date of the offense.
Types of Disciplinary Penalties
Law No. 657 outlines five potential penalties for civil servants who commit disciplinary offenses:
Warning: A verbal or written notice highlighting the misconduct.
Reprimand: A more formal written notice with a stronger condemnation of the misconduct.
Salary Deduction: A reduction in salary for a set period.
Promotion Suspension: Delaying eligibility for promotion.
Dismissal: Termination of employment.
The Disciplinary Process
The severity of the penalty determines who has the authority to impose it:
Warning, Reprimand, Salary Deduction: Imposed by the disciplinary superior.
Promotion Suspension: Requires approval from the Discipline Board.
Dismissal: Requires recommendation from the disciplinary superior and approval by the Higher Discipline Board.
Appealing Disciplinary Penalties
Civil servants who receive disciplinary penalties have the right to appeal through various channels:
Warning, Reprimand, Salary Deduction, Promotion Suspension: Appeal to the Discipline Board within 7 days.
Any Penalty: File a lawsuit with the administrative court within 60 days of the final decision.
Erasing Disciplinary Records
After a specified period (5 years for warnings/reprimands, 10 years for others), civil servants can request the removal of disciplinary actions from their personnel files.
Understanding disciplinary procedures protects both civil servants' rights and ensures accountability within the public service.
