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Termination of service for criminal offence

(Querist) 27 May 2017 This query is : Resolved 
On complaint by various persons the teacher was arrested for cheating and fraud and now released on bail.
If domestic enquiry is conducted, the witnesses are nor likely to be available being located in different cities.
Can the services be terminated without enquiry for indulging in acts involving moral turpitude.
Since no enquiry held can evidence be lead first time before school Tribunal.
Guest (Expert) 27 May 2017
Enquiry and Evidence are mandatory before any Punishment
Guest (Expert) 27 May 2017
If that Teacher really repents and regrets your good self could please Consider his case Please
Guest (Expert) 27 May 2017
Dear Shri Paranjape,

The facts narrated by you are too short to arrive at some conclusive opinion, as all that depends upon whether the teacher is in Centre or State Government service or in private school/ institution and whether?

Secondly, whether any charge sheet was issued by his school or not?

What is the present status of the court case or the case with the school tribunal?

Whether his services are regulated under the Centre/ State conduct and discipline rules or that prescribed by some private body, like school or trust?
Rajendra K Goyal (Expert) 27 May 2017
Author need to provide information sought by the expert P.S. Dhingra for guidance.
jagadish paranjape (Querist) 27 May 2017
Dear Shri Dhingraji,
Here are few more details.
It is a private school receiving Govt. grant.
No charge sheet is issued yet.
There is no case before the school tribunal.
The service conditions are regulated by Maharashtra Employees of private schools(conditions of service)Act.
Kumar Doab (Expert) 27 May 2017
S.4(6),4A cover such situation.
Guest (Expert) 27 May 2017
Paranjape ji,

You may have to refer to the provisions of the Maharashtra employees of private schools (conditions of service) regulation act, 1977 and Rules framed thereunder for further guidance and/or necessary action.

Irrespective of the act of the teacher involves moral turpitude his services cannot be terminated without domestic inquiry in the prescribed manner. Moral turpitude cannot be assumed unless proved so during the domestic inquiry after giving him adequate opportunity to defend himself.

If already terminated without domestic inquiry the teacher can approach the school tribunal with appeal under section 9 of the Act, ibid.


jagadish paranjape (Querist) 28 May 2017
Thanks to all experts for valuable inputs.
Warm Regards.
Guest (Expert) 28 May 2017
Welcome Please
Sudhir Kumar, Advocate (Expert) 28 May 2017
The school need not wait till court order and can paralelly start disciplinary proceeding by issue of charge sheet.

further 100% evidence (as required in criminal case) is not needed din the departmental inquiry. The witnesses being located in other city is not ground for closure of the case.
R.K Nanda (Expert) 28 May 2017
nothing to more to add.
Rajendra K Goyal (Expert) 28 May 2017
Agree with the expert Sudhir Kumar.
Guest (Expert) 28 May 2017
Agree with Mr.RK Goyal
Guest (Expert) 28 May 2017
Agree with Mr.Sudhir Kumar
Guest (Expert) 28 May 2017
Well Advised
Guest (Expert) 28 May 2017
Nothing to Add More
Kumar Doab (Expert) 30 May 2017
Dear Shri Jagadish Paranjape,


You are welcome.
Kumar Doab (Expert) 30 May 2017
Thanks for agreeing Mr. R.K.Nanda.
Kumar Doab (Expert) 30 May 2017
As pointed by Shri Sudhir Kumar the school may act.
Kumar Doab (Expert) 30 May 2017
Agreed with Shri Rajendra K Goyal, also.
Kumar Doab (Expert) 30 May 2017
Good to see expression of well advised by experts.
Kumar Doab (Expert) 30 May 2017
Good to see expression of agreement with expert.
Kumar Doab (Expert) 30 May 2017
Good to see expression of agreement with more expert.
Kumar Doab (Expert) 30 May 2017
What more is required to be added shall be added.

Kumar Doab (Expert) 30 May 2017
IT=@PSD is an exception.
Kumar Doab (Expert) 30 May 2017
Dear Shri Jagadish Paranjape,


The Act I have referred is from court website.

Kumar Doab (Expert) 30 May 2017
IT=@PSD....................IT has neither mentioned the link nor posted the copy of the bill vide which it bought the Act
Kumar Doab (Expert) 30 May 2017
Nor IT=@PSD...... has posted the link nor copy of the BILL vide which it bought the Rules.



Nor IT=@PSD.. has posted number of pages in the Act and Rules as per original copies bought by IT.
Kumar Doab (Expert) 30 May 2017
IT=@PSD...


IT is entity in the 4rth post from top in this thread.



Kumar Doab (Expert) 30 May 2017
Dear Shri Jagadish Paranjape,


LCI Admin


All readers,



IT=@PSD...has also been littering IT's Trademark abuse, Tamashaa, at our profiles also..............




Watch your profile regularly.



Kumar Doab (Expert) 30 May 2017
Due to IT's=@PSD's abuse, sarcasm, nuisance ...................IT is being gradually permanently blacklisted.




Kumar Doab (Expert) 30 May 2017
It abuses at LCI from dawn(1st ray of Sun; Amrit Vela) to dead of night (Sleeping Time)........everyday, without any break, for many years.................... and fills the threads with IT"s=@PSD's good for nothing posts.

Guest (Expert) 30 May 2017
Mr/ Ms./ Mrs./ Madam/ Mohtarma (whatever you are with your fake name/identity of "Kumar Doab" when you don't appear with your real name and photo and even location,

Welcome with your sheer disappointment, utter frustration by deleting your existing original vague and wrong advice through your earlier 16 posts in continuation and substituting the same with sheer grumbling when you could not find any real solution to the problem of the author!
Guest (Expert) 30 May 2017
Mr/ Ms./ Mrs./ Madam/ Mohtarma (whatever you are with your fake name/identity of "Kumar Doab" when you don't appear with your real name and photo and even location,

You have stated, "Thanks for agreeing Mr. R.K.Nanda." Can you show where Shri R.K. Nanda has agreed with you?
Guest (Expert) 30 May 2017
Mr/ Ms./ Mrs./ Madam/ Mohtarma (whatever you are with your fake name/identity of "Kumar Doab" when you don't appear with your real name and photo and even location,

You have stated, "Thanks for agreeing Mr. R.K.Nanda." Can you show where Shri R.K. Nanda has agreed with you?
Guest (Expert) 30 May 2017
Mr/ Ms./ Mrs./ Madam/ Mohtarma (whatever you are with your fake name/identity of "Kumar Doab" when you don't appear with your real name and photo and even location,

What school will act, as you stated, "As pointed by Shri Sudhir Kumar the school may act"?
Guest (Expert) 30 May 2017
Mr/ Ms./ Mrs./ Madam/ Mohtarma (whatever you are with your fake name/identity of "Kumar Doab" when you don't appear with your real name and photo and even location,

In the lust and satisfy your chronic disease for making multiple posts, you have indirectly agreed with me when you stated, "Agreed with Shri Rajendra K Goyal, also." while he has agreed with me while asking the author, "Author need to provide information sought by the expert P.S. Dhingra for guidance." WHAT HAPPENED TO YOUR SENSES?
Guest (Expert) 30 May 2017


Even otherwise, when you say, "Agreed with Shri Rajendra K Goyal, also," in other words you agree that your own advice was wrong where you stated "S.4(6),4A cover such situation."

Although not mentioned, sections of which Act, BUT IF YOU DON'T AGREE ON YOUR OWN ABOUT YOUR WRONG ADVICE, I CAN PROVE THAT YOU RENDERED ONLY WRONG ADVICE.


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