Suspension without showcause notice, chargesheet

mukund (Querist) 11 September 2015 This query is : Resolved
i am teacher from maharashtra.

managemnt has suspend me without serving
showcause notice charge sheet. what is legal remedy?

this is case of victimisation.
can i challenge suspension in high court?

they are going to to conduct enquiry after suspension. can i stop enquiry, on grounds of suspension letter itself is illegal?

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Guest (Expert) 11 September 2015
What is the Real Reason For Suspension

Guest (Expert) 11 September 2015
For suspension, issue of any show cause notice is not prescribed. Rather that has to be treated as a notice for the charge sheet likely to be issued for some indiscipline on the part o the employee.

However, if you feel that suspension is unjustified, you have the right to appeal to the prescribed departmental appellate authority against the same.

Neither you can stop inquiry, nor the courts try to interfere in the administrative process unless the petitioner has an evidence of bias or prejudice of the disciplinary authority in issue of suspension order or charge sheet or the conduct of departmental inquiry.

Better defend your case effectively in the departmental inquiry to scuttle down the articles of charge based on evidence in your favour and against the charge.

Rajendra K Goyal (Expert) 11 September 2015
Well advised, agree with the expert PS Dhingra ji.

Kumar Doab (Expert) 11 September 2015
Agreed with Expert Shri P.S. Dhingra.

Similar feelings were expressed by another querist in another thread at:

http://www.lawyersclubindia.com/experts/Terms-and-condition--552701.asp

You should avail the services of an able 'Defense Assistant'.

You may inquire at your own and leaders of Teachers Forums can appraise you of various enactments/forums that exists in Maharashtra.

mukund (Querist) 26 September 2015
now management has instigated students and teachers to write complaints against me.

what is evidential value of such complints collected back of me.

Kumar Doab (Expert) 26 September 2015
Collect evidence of instigation.

Once you have the evidence you can stake claim to defamation,discriminatory retaliation.

Spend quality time with your counsels and a lawyer specializing in such matters/service matters/criminal law.

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