Refused for promoting malpracticing
razi
(Querist) 22 October 2015
This query is : Resolved
Sir My wife is High School Teacher in government school. As she was not feeling well she got medical leave sanctioned on 19/02/2015 and after this leave she went to school to attend on 7/4/2015, 9/4/2015 and 17/4/2015. But the HM and SDMC members refused her to join just because she refused to help students in 10th class exam. In this regard we have his sms to come to exam center and help students. From then 8 months passed I am on leave with out pay on medical grounds. Recently I got a call from them that I should resign from the job, do a women dont have a right to do job. In this regard I approached BEO he orally odered me to join but these people dont allow me to.
The problem is what I should do, weather I should ask apology for no mistake. or I should fight for my right. During this period my entire health suffered a lot. Under such psychologicl dippression I am un able to take decision. If I will again be posted after alligation at same place, then I am sure that they will create hell for me. Please reply. Please Suggest
Kumar Doab
(Expert) 22 October 2015
Did you record (audio/visual/witnessed/minuted0 and narrate the declinature to join earlier and later, demand of resignation and also the meeting and verbal orders of BEO?
You should!
Meet the senior official once again and submit your properly drafted representation and seek posting elsewhere.
razi
(Querist) 22 October 2015
Thanks for your reply sir. i have sms sent by hm and I have given written request to BEO sir regarding refusal to join. Now hm and sdmc members are asking me to resign from the post.
Sudhir Kumar, Advocate
(Expert) 23 October 2015
The given blogs fives following information:-
(I) she is govt employee.
(II) The medical certificate is not challnaged.
(III) she not under suspension
(IV) she is not allowed to join.
(V)she is not transferred to other school.
(VI) she has a recording in form of SMS that she was asked to help students in copying.
(VII) refusal to commit crime has resulted in vidictive action in most illegal way.
These facts if true display lack of integrity on the part of the Principal (a employee) and sufficient for his dismissal from service.
In all probability has given thing in writing to higher authorities.
In given circumstances as per while blower notification she is entitled to complaint direct to the CVC (If UT or Central Govt School) or State Vigilance Bureau.
She also has material to complaint to the Board that she was ordered in writing to help copying in 10th exam and refusal to do so resulted in illegal harassment.
Sudhir Kumar, Advocate
(Expert) 23 October 2015
One thing is not clear.
You are away from duty because of sickness or refusal to take you on duty.
During 8 months you could have escalated matter right upto CM and even gone to court against not being able to join.
In this situation BEO seems to be too petty and ineffective official. You should have by now met your appointing authority.
Rajendra K Goyal
(Expert) 23 October 2015
Send registered letter to Principal, BEO, DEO mentioning all facts / events and the dates you visited school to join and was not allowed to join with a request to allow you to join and continuing your previous period (not allowed to join) as your service.
Also request to release your pay for the period for which you were not allowed to join.
If no response, send legal notice.
Kumar Doab
(Expert) 23 October 2015
You have posted that:
" In this regard we have his sms to come to exam center and help students."
Does the said SMS state 'to come to exam center and help students, .................copying'
Can the medical leave be cancelled during exams?
What is the diagnosis of the doctor during this leave and subsequent 8 months long medical leave?
These points in addition to the record in your possession should be examined by your able counsel.
One should not fail in purported interpretations.
Kumar Doab
(Expert) 23 October 2015
Your narration in the post is aimed to hint that SMS was to call and help for copying..............!
Does the record and subsequent incidences establish it!
Since your narration aims to hint therefore Mr.Sudhir Kumar is perfectly right in comments at (VI) and also to ask you could not join since you were not allowed to join or due to sickness.
K.S.Srinivas
(Expert) 23 October 2015
Send your joining report to the Head Master through registered post ack.due mentioning that he refused to accept the same when you reported for duty. Submit copies to the higher authorities clearly indicating that the HM has refused to take the joining report when reported.
