Remediable inspection of discretion of administration in appointment of civil servants by transfer within the framework of 1982 Costitution

In this paper, remediable inspection of discretion provided for theadministration in appointment of Civil servants by transfer who are renderingservices in accordance with the Civil Servants Law numbered 657 is studied.Within this framework, paper is prepared in two sections and issue ofpublic offical and servant concepts in 1982 constitution, subjects ofappointment of civil servants by transfer, discretion of administration and theirjudicial inspection are studied in the first section.In the second section, transfer types according to the issue in the CivilServants Law numbered 657 and cancellation reasons of transfer lawsuitsare studied within the framework of provisions of 1982 Constitution togetherwith some special cases experienced and by giving place predominantly tolatest decesions of State Council together with their justifications.As a result, because of various reasons discretionary power is given toadministration for the procedures of appointment of Civil servants by transfer.Howewer, discretionary power of administration is subject to judicialinspection according to the 1st clause of article 125 cf 1982 Constitution.State Council is the place of jurisdiction that has the final word in the saidjudicial inspection. Assertion has been reached that judicial inspection isperformed by means of certain criteria developed by State Council accordingto the present case which is the subject of conflict and by going beyond thelimits of legality inspection to the disadvantage of expediency inspection.Key Words1. 1982 Constitution2. Civil servants3. Appointment by transfer4. Discretion5. Judicial inspection