jaykumtekar (Legal Advisor) 06 November 2011

Departmental inquiry

Dear All,

I am working as a teacher in Karnataka Govt. School. I and my husband are in enmical terms with each others My husband had come to my school and had made a nuisance in my school and had assaulted me and hit me in the presence of the school. My husband had in connivance with the villagers and Education department launched a campaign against me telling everybody that I am a chaste woman and he suspected my character as he is a very suspicious person.

I have on previous occassion also got appreciation from the school. Now I have been chargesheeted and a departmental inquiry has been initiated against me for the misconduct alleging vague allegations that I am in a relationship with some Teacher and I have tarnished the image of the school.

My teaching is commendable and I have been hailed many a times by the School authorities. I have also filed a criminal complaint u/s 498 A of IPC and various section of IPCL against my husband for torturing and assaulting me in public places, school and work place.

I am alone here and no one to support me. My husband is a suspicious person and always suspect me of having illicit relationship.

He has incited the villagers to write a letter to the Headmaster to transfer me.

He does so because he takes away all my salary and my daughter is left to fend for the entire month.

I want to defend the departmental inquiry and If I depend on my own I am sure I would not know the procedure of the departmental inquiry.

Kindly help me or give details so that I can defend myself in the departmental inquiry.

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5 Replies

V. VASUDEVAN (LEGAL COUNSEL) 07 November 2011

The post is from a Legal Advisor! - please post the query directly or if you are a legal advisor, set out the brief and seek opinion.

The aggrieved woman may write to the National Woman's rights commission and also the local authority under the guidelines framed by the Supreme Court in the Vishaka case, for protection of women employees from s*xual harassment at workplace. The School ought to have set up a ccommitee.

vasudevan

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 08 November 2011

Dear Jaykumtekar

as per your query can you explain abt departmental inquiry started on what ground. on your cheracter or any other miscunduct?

jaykumtekar (Legal Advisor) 09 November 2011

Sir,

My character is directly in question with no specific instances but vague mentioning in the chargesheet.

darshana sawant (associate consultant) 12 November 2011

dear madam,

I dont think the school can chargesheet you for such misconducts unless they are specified in the service rules or byelaws. You c an anyway defend yourself in the enquiry by appointing a person well verse with the school laws or else you can challenge the action in the school tribunal also. Please go through the clause of misconduct cited in the chargesheet and take legal opinion whether you can be charged under that clause.

Sudhir Kumar, Advocate (Advocate) 18 November 2011

DEPARTMENTAL INQUIRY ?????

You are entitled to officiall seek helpt and presence of any Govt servant of your choice (including retired/suspended) to argue for you in the Inquiry. teachers are known to be poor in knowledge of service rules and you cannot defend yourself even if you are innosence and even if charges (as you say0 are vague