At Malatya Turgut Özal University (MTU), where Aysun Bay Karabulut, the sister of AKP MP Malatya Öznur Çalık is the rector, the legal tender that promoted the staff salary bank by the Tender Commission was ignored and the bank withdrew from the bidding and the university board, which had no authority in the legislation. When canceling the contract, which was signed under different conditions, by the court as illegal, the bank, where the university administration gave work without tender and paid for a certain time, claimed the promotion fees paid to university staff, as well as interest. The administration of the university, which is the legal and administrative responsible for the incident, sent a written instruction to the staff and asked each staff to reimburse the amount ranging from 2,900 TL to 3,400 TL including interest. other allegations of impropriety and corruption involving her husband, Ercan Karabulut, who is the rector of the university, who interferes in all affairs.
-Ihthey made beer but gave the job to another bank by private negotiation
According to the minutes of the oral auction, in which a tender was organized on December 7, 2020 with a closed envelope and a method of bidding for the payment of the salary of the staff of the University of Malatya Turgut Özal and Bank Promotion, 7 banks submitted bids for the tender; In the 3rd round, Türkiye Halk Bankası made a promotional offer of 4,000.00 TL, and the Turkish Economic Bank of 4,100 TL per staff member and other banks withdrew from the tender, in the 4th round, the Turkish Economic Bank offered a promotional offer of 4,150 TL, and Türkiye Halk Bankası With the decision of the Tender Commission of December 7, 020, in which the union representative also participated, the tender of Tenders were left with the Turkish Economic Bank and it was decided to submit the decision to the tender agent for approval.
MTU’s board of directors, chaired by Aysun Bay Karabulut, a resident of Ankara, who made a name for himself with his arbitrary and illegal practices, did not practice legal tender, and with the Turkish bank Halk , which withdrew from the tender with its decision of December 11, 2020, 4,158.00 TL, signed a salary payment protocol between the rectorate and the bank on promotion costs.
– Decision to cancel the transaction without a call for tenders brought by the syndicate before the court
The 36-month Public Institution Salary Payment Protocol signed by the Educators’ Union (Egitim-Bir-Sen) between the Rectorate of the University of Malatya Turgut Özal and the Bank of Turkey on December 24, 2020; The lawsuit filed in the 1st Administrative Court of Malatya with the allegation that it was against the law was concluded and the court reversed the action taken by the university as it did not comply with the law.
In the decision of the 1st Administrative Court of Malatya, it was stated that “…In the concrete case, the offer was made by the defendant administration with the participation of the bank in sufficient quantity to meet the condition of competition by ensuring the participation of representative of the applicant trade union, and the bid was awarded to the above-mentioned bank because the highest promotional bid was made by the Turkish Economic Bank in the tender. The bid, which was made by the university board by being included in the bidding process, was completely ineffective and the tender was awarded to Türkiye Halk Bankası A. On sees that the memorandum was signed on the promotional fee of 4,158.00 TL, which is more than 4,158.00 TL.… After a duly made offer, the bidding process is rendered ineffective, by the executive board of the university, which is not allowed by law slation, and the offer, which is the subject of the lawsuit, was left to Türkiye Halk Bankası, and the 36-month period signed between the Rectorate of Malatya University Turgut Özal and Türkiye Halk Bankası on 24.12.2020 He has concluded that the protocol for the payment of institutional salaries of public institutions does not comply with the law. It was decided to cancel the transaction made by the Rector of MTU.
-The staff will pay the money with interest
After signing a promotion contract with the MTU administration, which gave employment to the bank which had withdrawn from the tender with a special market, and which committed an act considered a crime according to the Turkish Penal Code, Halkbank sent a letter to the university administration on March 18, 2022, after the court’s decision, and demanded reimbursement of the payment made in the process, together with interest.
Here is the letter from the bank:
“As part of the protocol signed with Malatya Turgut Özal University, the advance promotion amounts paid to the staff whose names are mentioned one by one, the dates of payment, the amounts to be reimbursed and the amounts of interest that we have calculated with return date as 01/04/2022 are presented to you in detail.If promotion returns are made after 01/04/2022, interest amounts will be calculated separately.According to this; Without prejudice to the right of our bank to demand a penalty, in terms of restitution to our bank of the promotional payment to the staff of your establishment, together with interest to be calculated on the highest interest rate of the loan (23.28% per annum) to be processed up to on the date of return to our bank; We ask for your information.
-The owner of the illegal transaction sent a “Pay” instruction from the rectorate to the staff…
According to Turkey’s penal code, the MTU administration, which should be investigated and prosecuted for allegations of organized crime and bid-rigging, backed the bank’s claim for the remaining money. in the promotion with interest, during the cancellation of their illegal contract, and sent a “remuneration” instruction to the staff of the university.
Vice-Chancellor of University Administration Prof. Dr. Instruction dated March 22, 2022, signed by Süleyman Serdar Karaca and sent to staff, is as follows:
“A refund of the promotion amount overpaid by Halk Bank Malatya branch is requested. Halk Bank’s letter of interest dated 21.03.2022 and registration number E.104547 has been sent as an attachment, and the question of depositing excess promotion amounts to the IBAN number of ….. of Malatya Turgut Özal University Administrative and Financial Affairs Department has been sent to all staff working in your unit. I request the information and requirements.”
-The reaction of the union to the bank “The fault of the university, not the staff, but the staff cannot pay the interest”..
Yaşar Sakar, the head of Eğitim Bir-Ser Malatya branch No. 2, which canceled the illegal promotion contract at MTÜ, said in the letter he sent to the bank that the staff was not at fault due to the development and therefore it is not legal to demand the remaining money from the promotion with interest.
The article in question dated March 31, 2022 is as follows:
“In accordance with the Prime Minister’s Circular No. 2007/21, the salary promotion agreement to be concluded with the banks is concluded by a three-person commission composed of the authorized trade union representative with the largest number of members and senior executives of the company concerned. institution. The tender with Malatya Turgut Özal University was canceled by Malatya 1st Administrative Court for violating procedure, and the promotion tender in question was renewed. Due to the agreement reached with another bank as a result of the new bid, you request that the amount corresponding to the time after the new auction date be paid to you, plus interest. We wish to inform you that there is no involvement (wrong) of the employees of our members’ institution in the formation of the interest other than the principal that you have requested, and that the payment of said interest does not is not legal.
-A lawsuit against the university from the bank whose agreement was canceled.
It was learned that Türkiye Halk Bankası, whose agreement with the Rectorate was canceled, filed a lawsuit against the university for the money it paid as promotion.
It has been learned that the money demanded by the bank from the university and the staff is 2 million 161 thousand TL, of which 1 million 742 thousand 664 TL is the main interest and 418 thousand 940 TL is the interest due to the deterioration of the promotion agreement.
In the meantime, it was learned that the university made a separate offer for the payment of salaries and agreed with Yapı Kredi Bank, which made the most suitable offer, and that salary payments were still made at from this bank.
The letter sent by the bank which took the work with the contract other than the tender to the rectorate of MTU for the payment of the promotion expenses paid with interest according to the list of each staff sent in annex:
On letter from the bank, the letter sent by the rector of MTU to the relevant units of the university regarding the payment of the money requested by the bank
The letter sent by the union, which canceled the promotion process without tender, to the bank asking for the payment of the promotion costs with interest, including the petitions of the 432 members of staff;
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