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Sec. 354 IPC (Labour & Service Law)

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This query is : Resolved


Author : Anonymous

Posted On 29 May 2010 at 11:39

Dear Friends,
I am a Principal in Kendriya Vidyalaya.I chargesheeted a lady teacher for her misbehaviour and misconduct and in her reply dated 08.10.2009 to her chargesheet she first time made allegations on me for sexual harassment.She added two dates of sexual harassment as 9th and 14th Sept. 2009 first time in her FIR dated 23.10.2009.
In the reply dated 22.09.2009 to another memo dated 19.09.2009 she has not mentioned any sexual harassment.
This is only first time in the reply to the chargesheet dated 08.09.2009 that she mentioned about it and added two dates first time in her FIR dated 23.10.2009.
I was arrested and released on bail the same time on 21.04.2010 and chargesheeted on 07.05.2010.
1. What action the department (Kendriya Vidyalaya Sangathan) can take on the FIR, arrest and chargesheet under section 354?
2. The department conduxted two inquiries dated 22.09.2009 and 31.10.2009 and did not take any action nor they provided me the copy of the findings even on my request.
3. The Department conducted third inquiry after the arrest (matter remained the same) on 28.04.2010. Still no action.I find that since there was nothing found in the previous two inquiries and for having malafide intentions they conducted third inquiry.Any relief in any court for this?
4. My appointing and punishing Authority is the Commissioner KVS,HQ, New Delhi. Was it obligatory for the police to take permission (under sec. 197)for chargesheet and arrest (during my office working hours) which the police did not take.
5.Is the malafide intention here is a sufficient ground to go for quashing under Sec. 482?(Nothing like Sexual Harassment happened at all.
6. Her total lie has brought me and my family lot of insult.
7. The case has started in CJM Court and the date is 15.06.2010.
I need sincere help.
Principal
Kendriya Vidyalaya.




Expert : Devajyoti Barman

Posted On 29 May 2010 at 13:34

1. The department can take disciplinary action against you after conducting an enquiry.
2.The department is not obliged to furnish you the findindgs provided it does not take any action. If it intends to take any action then you will be show -caused and will be given an opportunity to respond to its charges.
3.No, until the third enquiry gives its report damaging your service record. However it is to be checked whether the enquiry is permissible under the Act.
4. No, the police is not bound.
5.Mala fide intention is not the ground for quashing unless it could be shown that it caused abuse of process of law.
Consult a good lawyer.



Expert : Member (Account Deleted)

Posted On 29 May 2010 at 20:35

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE MATTER KINDLY NOTE THAT.

1.A CRIMINAL CASE UNDER SEC.354 OF I.P.C. IS FILED AGAINST YOU AND CHARGE SHEET IS FILED IN C.J.M.COURT.

2.YOU MAY FILE A WRIT PETITION IN THE HIGH COURT AND PRAY FOR QUASHING UNDER SEC.482 C.R.P.C., THE COMPLAINT CASE PENDING AT CJM.COURT.AND PRAY FOR STAY OF SAME.

YOU MAY KINDLY WRITE AND SEND DETAILS FOR ANY FURTHER HELP
THANKS.



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