Petition for the Annulment of the Police Disciplinary Board Decision

TO THE DUTY ADMINISTRATIVE COURT
OF ANKARA

PLAINTIFF:
Name and Surname – (Turkish Republic Identity Number: …) – Address

DEFENDANT:
… Governorate on behalf of the Provincial Police Disciplinary Board

SUBJECT OF THE CASE:
Request for annulment of the decision rendered by the Police Disciplinary Board.

DATE OF NOTIFICATION:
…/…/…

EXPLANATIONS:

1- I am a police officer working at the … Provincial Police Department with registration number … On …/…/… while I was on leave, a burglar broke into the house where I was staying as a guest in the … district of Ankara, and my … brand pistol, magazine, and ammunition, which were among my personal belongings, were stolen. I reported this incident to the police station and made the necessary applications. This incident was not due to my negligence, and I am not at fault in any way. Although I had left my pistol safely at home, the burglary was an event completely beyond my control.

2- Shortly after the incident, the thief was apprehended, and my handgun was handed over to the ... Public Prosecutor's Office under Investigation No. .../... Despite these developments, the ... Governorate Provincial Police Disciplinary Board imposed a 20-month suspension of rank penalty on me, in accordance with Article 7/C-2 of the Police Organization Disciplinary Regulations. This decision was made against me despite my negligence, and it has caused me hardship.

3- Article 7/C-2 of the Disciplinary Regulations states, "Losing state property, equipment, weapons, and ammunition due to negligence." However, it is clear that I was not negligent in the theft of my handgun. Theft is something that can happen to any citizen, and imposing disciplinary penalties in such cases is against the law unless the victim is found to be negligent.

4- In this burglary incident, it is clear that the person who entered my house is guilty and that I have shown no personal negligence in this matter. It is unfair for me to receive disciplinary punishment in a case where the burglar is guilty.

EVIDENCE:
1- The file numbered …/… of the … Public Prosecutor's Office,
2- The decision of the … Governorate Provincial Police Disciplinary Board,
3- All kinds of legal evidence.

LEGAL GROUNDS:
Relevant legislation and court decisions.

CONCLUSION AND REQUEST:
For the reasons briefly explained above, I respectfully request and demand that the decision of the … Provincial Police Disciplinary Board dated …/…/… and numbered … be annulled, the unjustly imposed disciplinary penalty be lifted, and the court costs be borne by the defendant.

…/…/…
Plaintiff's
Name and Surname
Signature