Abstract:

In addition to the rights they have, the officers also have obligations to comply with. As an obligation, officers are required to comply with the rules to ensure the internal discipline of the administration they work for. Otherwise, it is possible that a disciplinary investigation will be opened against them by the administration and they may be punished with disciplinary punishment as a result of this investigation. Although the administration has the authority to open a disciplinary investigation against the officer and to impose a disciplinary punishment on the officer at the end of the investigation, there are many procedural rules that must be followed before imposing a disciplinary punishment. One of these procedural rules, and perhaps the most important, is that the officer is given the right to defend himself before imposing a disciplinary penalty. Thanks to his right of defense, the officer will reveal that he did not actually commit a disciplinary offense and he will not be punished. Or, he will reveal that he has committed a lighter disciplinary offense than he is charged with, and he will be given a lighter disciplinary punishment. There are many principles that the administration must comply with in order for the civil servant to fully exercise his right of defense. First of all, a disciplinary investigation should be opened against the officer, the officer must be charged by the administration, the demands of the officer for the information and documents and other means of proof that he will need while making his defense must be met, the officer should be informed that if he does not make a defense, he will be deemed to have waived his right to defense, the officer should be given sufficient time to defend himself, the defense of the officer must be taken by the disciplinary chief and/or the high disciplinary board and taking a statement should not be considered as taking a defense.

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