DISMISSAL OF GENERAL LAW ENFORCEMENT PERSONNEL FROM DUTY
GENEL KOLLUK PERSONELİNİN GÖREVDEN UZAKLAŞTIRILMASI

Author : Celâl IŞIKLAR
Number of pages : 643-678

Abstract

Art. 28 from General Law Enforcement (Police) Disciplinary Law No. 7086 articulates that the measure about the dismissal of general law enforcement personnel from duty is applied in accordance with the Law No. 657. Yet, this measure about dismissal from duty is reserved for disciplinary investigations. If required, the measure can be applied before investigation. The measure about the dismissal of general law enforcement personnel from duty is an administrative measure that is temporary, precautionary and urgent. The measure covers all general law enforcement personnel. Only authorized supervisors can apply the measure. The duration of application is maximum 3 months. Only the salary of the personnel, who is subject to the application of the measure, can be deducted. The arbitrary and unnecessary application of the measure requires the responsibility of those concerned with the arbitrary and unnecessary application. At the end of the disciplinary investigation, if another disciplinary sanction other from the lay-off is issued, the measure about the dismissal of general law enforcement personnel from duty is immediately canceled. The authorized supervisors can also cancel the measure at any time. The measure can be applied to personnel who are subject to a lay-off sanction under Law No. 7068. Furthermore, the sanction for those who are also subject to the measure about the dismissal of general law enforcement personnel from duty is aggravated. This situation of aggravation is not regulated under the Law No. 657. The decision about the dismissal from duty, which is a final and executory act, or the subsequent decision on extension or on cancellation of the measure, or the decision about the personnel not to be restored to the duty can be subject to administrative proceedings.

Keywords

1. Dismissal from duty, 2. Disciplinary investigation, 3. General law enforcement (Police), 4. Auth

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