LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vijay kumar trivedi (Research Associate Education)     16 November 2016

Mental and financial torture followed by termination notice

Dear Sir,

           I am working as a research associate since October, 2012 for an institution of a registered education society. Since last two years I am facing many consequences just because I am raising voice against misuse of funds, discrepancies in the system and violations of service rules. As a result of that I faced a review by internal three members committee and now show cause notices followed by termination w.e.f. 30.11.2016 based on false allegations.

The organization is getting funding from CSR and FCR.

What should I do now? I am from Udaipur, Rajasthan.

Can anybody help me in fighting against this kind of corruption? My contact details are 9116104011.

Thank you.



Learning

 11 Replies

Kumar Doab (FIN)     17 November 2016

In your profile you have mentioned as 'Student'.

 

The whole case file, service rules should be examined by a counsel specializing in service matters, for a considered opinion.

 

 

1 Like

Sudhir Kumar, Advocate (Advocate)     18 November 2016

you joined an education trust and expected there will be no embezzelement and also expected that you can expose it  and also expected that you can remain on their rolls.

 

Is this the case?

vijay kumar trivedi (Research Associate Education)     18 November 2016

Dear Sir,

          It was expected. I rejoined this firm after my first tenure of two years on call from education advisor and Director. They ensured me about the amendments and pay., etc. And I accepted their proposal only because I pursued my M.Sc. from one of the college of the society.

Now, the issue is I don't want to continue but at the same time don't want to leave in this situation either as the allegations put on me are falsehood. Another, I am the witness of misuse of csr and fcr funds for personal benefits, clear violation of service rules and many more things. There are few other cases where organization terminated or not extended services of people who raised questions.

So, I want to put whole of these issues in legal system so that these things can be improvised and avoided in near future.

Thus, I need your ample guidance to fight for these issues being inside the organization for a year or so only. I am not will to be here for a longer time.

Thank you.

 

Kumar Doab (FIN)     18 November 2016

Prove: 

Termination is malafide and with malice with opportunity of hearing, natural justice ( if true) and be reinstated.

Malpractises and embezzlement 

 

1 Like

vijay kumar trivedi (Research Associate Education)     18 November 2016

Thank you for your reply. Can you please share Mr. Gupta's contact details? It will help me in interacting with him earliest because 30th Nov is the last day given in notice of termination.

Thank you

Kumar Doab (FIN)     18 November 2016

Who is Mr. Gupta?

Kumar Doab (FIN)     18 November 2016

From whom you want Mr. Gupta's contact details?

vijay kumar trivedi (Research Associate Education)     18 November 2016

Dear Sir,

           It was with reference to your response via personal message. I need a learned lawyer in Jaipur to deal with this issue. I don't want a stay only against the termination but also want to fight against discrimination, discrepency and the misuse of csr and fcr funds for personal gains and benefits.

Thank you.

Kumar Doab (FIN)     18 November 2016

I have given you a link by PM.

The gentleman whose I have mentioned has the contact detaisl of Mr. Gupta.

You can send PM to him.

 

Or visit Labor Court/CGIT and ask.

Mr. Gupta is a very senior counsel and  aged about 75Y.

 

 

 

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     19 November 2016

There are two issues: 1. Your termination on the basis of false allegations.  If you want to challenge the termination on the ground of illegality, you have to prove those allegations leveled against you are false.  If they held any domestic enquiry / departmental enquiry, you can also challenge that enquiry on the ground of violation of principles of natural justice.  The primary requisite is to prove that the allegations are false.  After that only, the question of malafide intentions of the employer to termminate your services arise.  Just pleading malafide intentions without disproving the falsehood in the charges, the court can't give any relief.

2.  The other thing - the malfeasance and other irregularities happening in the institution, you have to file a separate case unconnected with your termination under Public Interest Litigation in High Court with available documents and by engaging a competent advocate.

Kumar Doab (FIN)     19 November 2016

If you have informed irregularities under proper acknowledgment then you may succeed to claim malice, bias etc

Such issues are best posted thru unions.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query