can a strong reply to memo given to govt.official actually cancel it?
Guest
(Querist) 19 October 2014
This query is : Resolved
My colleague is working for 3 yrs. as a teacher in a govt. school under delhi administration.recently her file was sent to district office for her confirmation.
she got a reply "no enquiry is pending against the official"
now another file will be sent again which will include her ACRs,work conduct etc. for confirmation,so that she becomes permanent.
there are several lapses in this school's administration.it has no principal,but a vice-principal who also acts as DEO.she's on extension.
recently there was some lapse by the school and vice principal is trying to put entire blame on my friend and threatening to give her a memo.
i want to know:
1. if my colleague gives a solid,logical reply in memo which highlights the lapses and malfunctioning of school because of which this mistake happened,will that memo stand nullified or cancelled?or can it still be added in her service book or for taking any action against in future?
2. the vice principal has a habit of not giving the receiving of letters which my friend gives her because she's afraid my colleague can use them as a proof of school's lapses.
so if she refuses to give a receiving of the memo's reply,how can my colleague have the proof that she had given a reply?
Dr J C Vashista
(Expert) 20 October 2014
@Jyotika,
How you are concerned with your friend (who is a teacheress)and can explain the situation herself better than you?
Does she want to leave the job or continue as a permanent teacheress? Advise her to move accordingly.
She can send the letter by post or through receipt/despatch section of the school, if the VP donot received personally.
Vague query full of probablities, if she.... if she....
Contact and consult a local lawyer practicing in service matter.
Anirudh
(Expert) 20 October 2014
Dear Jyotika,
Any memo given is to be properly and appropriately replied. The the objective of the reply is to explain in perspective how the contents of the memo is not correct. The objective of the reply is not to pin point or trying to blame others. The reply should only adequately and succinctly meet the allegations contained in the memo, in a cogent and logical manner. THAT'S ALL.
Whether such a reply will nullify the Memo itself etc., is besides the point.
As regards how to ensure that your colleague will be able to prove that she submitted reply to the memo - simply let her send the reply through Registered Post; keep the receipt of the Registered post; and then write to the postal authorities for certificate of delivery of the registered post sent by her (postal authorities will give it). These two will ensure that she has submitted the reply.
P. Venu 
(Expert) 20 October 2014
Standing up against flaws in any organisation is not an easy task. Your friend should be prepared for a long struggle. Necessarily, she should not be over-concerned about the aftermath of her actions or responses from others,
Rajendra K Goyal
(Expert) 20 October 2014
The reply of memo should be to the point and should not contain any blame on others or system which would be of no help. If receipts of letters are not given, may be sent by registered post.
Any such correspondence may not be of much help to your friend in his / her carrier.
Rajendra K Goyal
(Expert) 20 October 2014
Repeated query:
http://www.lawyersclubindia.com/experts/-can-a-strong-reply-to-memo-given-to-govt-official-actually-cancel-it--503051.asp#.VESNyPmUen0
Sudhir Kumar, Advocate
(Expert) 20 October 2014
Although the learned experts above have attempted the uery based on the best of the wisdom.
The query is vague.
You do nto specify what is the memo given and how the lapses in the school are of relevance to the same and how the confirmation file is relevant.
The vigilance clearance will be given to the teacher unless the Dy Director (in case of TGT/PGT) the Disciplinary Authority for minor penalty decides to issue a chargehseet.
You are requested to bring the facts coherently and clearly and describe the allegations in memo.
CAUTION : I am sorry to say that as an employee teachers have a tendancy to give a fast reply (preferably same day if memo received before recess) to the explanation (finding no difference in official explanation and Home Work) and landing in trouble.
ajay sethi
(Expert) 20 October 2014
agree with MR Anirudh
Sudhir Kumar, Advocate
(Expert) 20 October 2014
repeated
http://www.lawyersclubindia.com/forum/Can-a-strong-reply-to-memo-given-to-govt-official-cancel-it--111062.asp#.VEUiTleO5G0
T. Kalaiselvan, Advocate
(Expert) 21 October 2014
The experts have very properly and adequately addressed the subject query, leaving nor room to add anything more.
