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Suresh S   10 December 2022

Disciplinary proceedings

How long an authority sit over the reply of an employee to the memo issued without any action?




 6 Replies

Dr J C Vashista (Advocate)     11 December 2022

Generally two opportunities are granted for filing reply to meet the ends of natural justice, however, it is discretionary power of concerned authority.

Facts posted are incomplete to provide necessary legal assistance..

1 Like

Sudhir Kumar, Advocate (Advocate)     11 December 2022

please elaborate facts.

1 Like

Suresh S   11 December 2022

Thank you so much sirs for your replies. The facts about the case are as follows - 

A teacher in an unaided private school was terminated suddenly without following due process. Prior to this no memo was issued to the teacher.

He was asked to surrender the original certificates with the custody of the management. As the teacher declined, he was asked to resign. The teacher refused to resign. Immediately he was forcefully sent out of the school. He has served in the said school for 5 months.

After 10 days of termination of service, the teacher was issued a Memo with false allegations. (The memo was drafted on the day of termination but the management posted the memo after 10 days by Registered Post) The teacher has sent the reply to the memo denying all the allegations. Around four weeks has been passed after the reply.

Is there any possibility for the teacher's reinstatement? Where can the teacher approach - the High Court or the Labour Court?

Sudhir Kumar, Advocate (Advocate)     16 December 2022

is it repated?

Suresh S   16 December 2022

Yes sir. As the query, posted by another person, didn't receive the correct response from the legal experts, it was reproduced.

Sudhir Kumar, Advocate (Advocate)     20 December 2022

Meet a lawyer with relevant papers.


same qauery at https://www.lawyersclubindia.com/forum/unlawful-eviction-of-a-teacher-from-unaided-cbse-school-by-management-227226.asp

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