Dismissal of employee
Maulin Shah
(Querist) 08 January 2014
This query is : Resolved
With reference to above, I would like to submit the facts of the same. Please advice.
Facts :-
(1) Smt. “x” ladyteacher filed an F.I.R. bearing CR No.37/10 in Unja Police station against teacher “y” for the offence of outraging her modesty (u/s 354) and for criminal intimidation (Sec.506) of Indian Penal code, on 21/3/2010. On the next day i.e. 22/3/2010. She has also complain to management of the same. She has also requested the management to take legal action against teacher’ “y” On the basis of complain, the management has first placed the teacher “y” under suspension vide order dt.23/3/2010 pending inquiry. The order of suspension ratified by D.E.O. Management – feel that it is moral Turpitude. I think it is not because not proved in any court of law.
(2) First show-cause notice for allegation given on 26/4/2010 to the teacher “y”.
(3) “y” submitted explaination on 06/5/2010 denying the allegation.
(4) Management has form a Committee and 1st meeting held on 26/6/2010.
(5) 2nd meeting on 24/7/2010 and 3rd on 31/7/2010. The teacher “y” has sent a proposal to the effect that inquiry to be dropped by declaring him surplus from the school for which he is ready and willing. The management has found proposal reasonable and withdraws the suspension by resolution on 8/8/2010 and inquiry was kept in abeyance. The employee worked for 20 days. In the forth meeting held on 22/8/2010 considering the said resolution inquiry proceeding was dropped.
(6) The D.E.O. declined to drop the proceeding and pass appropriate order.
(7) By order dt.15/10/2010 as per instruction from commissioner of school the headquarter of the delinquent employee changed from Mehsana to Banaskantha district. I think no power to D.E.O. or Commissioner school to do so.
(8) The management decided to continue the inquiry by passing resolution on 15/102010.
(9) Accordingly as above meeting held nos. 5 to 14 between 31/10/2010 to 21/11/2010.
(10) The management examine eyewitness but no offence was proved in any court of law.
(11) The inquiry proceeding completed on 21/11/2010 & 28/11/2010.
(12) The employee was given show-cause by management and ask why he should not be dismissed.
(13) Report Sent to D.E.O. No reply within 45 days and management dismissed on 4/2/2011 on the basis of deemed approval.
Now I would like seek your advise on the above matter as under :-
(1) Whether suspension on 23/3/2010 in grant-in-AID School is legal without appointing inquiry committee ? I think it is legal.
(2) Suspension withdrawn on 08/8/2010 after forming inquiry Committee and inquiry Committee kept in abeyance is seem to be legal ? He has “y” resumed duties and worked for 20 days.
(3) Inquiry Committee has dropped proceeding after 4th meeting held on 22/8/2010. Then how committee proceed further when proceeding dropped ?
(4) How management continued the inquiry Committee after dropping proceeding and meeting Nos. 5 to 14 held ? I think after dropping proceeding new committee should be formed.
(5) Committee has not taken decision within 150 days and therefore can not dismiss employee’s “y” as committee’s 1st meeting on 26/6/2010 & decision 04/2/2011 i.e. after 223 days.
(6) Commissioner of school and D.E.O. has no right to interfere in the matter of management because procedure of inquiry Committee and Power of dismissal only with management u/s 36.
(7) Suppose management is right than inquiry Committee has to taken decision within 150 days otherwise decision is illegal as per Act.
(8) Renew Petition filed, employee like to withdraw and want to file Sp.C.A. in High Court, whether possible ?
Please reply immediately as it urgently needed.
Thanking you,
Yours faithfully,
(M.B.Shah)
Advocate
Sudhir Kumar, Advocate
(Expert) 08 January 2014
Meet someone having knowledge of disciplinary matters, with entire bunch of papers so that appropriate advise can be given
