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vinodray parmar   28 April 2025

Verbal termination of employment after challenging show cause notice threatening termination

I served as Professor for 11 years with an SFI degree engineering college approved by AICTE, affiliated to GTU, Ahmedabad.

During, 2014, I had to undergo hip joint surgery and remained on sick leave for postoperative treatment forabout 5 months. Meanwhile, during sick leave, received a show cause notice from college with numerous baseless allegations about my integrity, regularity, exam duties, bevahiour etc. I was asked to reply within 10 days. I replied and denied all charges and challenged to prove. But, there was no reply.

During September 2014, after obtaining fitness certificate, I approached the College management for joining my duty. But I was asked accept all charges and to apologise in writing. I didn't succumb to their pressure. Hence, I was verbally terminated by the Chairman. 

Then I pursued the management to pay me 3 months notice pay, 6th CPC arrears, experience and releaving certificate, no due certificate etc. But nothing was entertained.

Then I approached State educational Tribunal for various dues and compensation for forcefully retiring me 2 years ahead of retirement age.

The case is still going on. My major query is whether my verbal termination after challenging the show cause notice is stigmatic or not?



 9 Replies

R.K Nanda (Advocate)     28 April 2025

 Yes, It's fully stigmatic.

kavksatyanarayana (subregistrar/supdt.(retired))     28 April 2025

If the charges are proved after an enquiry, a punishment under the rules will be given. But without inquiry, they cannot take action.

vinodray parmar   28 April 2025

Many many thanks Sir. Now the problem is how to prove that I was verbally terminated? The Chairman and the trustee who verbally terminated me are no more. The Principal and the Administrative Officer are now no longer employees. So no witness is available to support me.

Ofcourse, I denied in black and white that as the allegations are wrong and also the Management is not able to prove, I will not apologise so I assume that I am verbally terminated and then I asked for relieving letter, notice pay etc. But as I was not relieved in black and white, I could not join other institute in absence of relieving letter. Hence I have claimed two years salary as back wages.

T. Kalaiselvan, Advocate (Advocate)     29 April 2025

Whatever, you may wait for the disposal of the pending case to decide about pursuing it further through High court if the decision is against you 

1 Like

Dr. J C Vashista (Advocate )     29 April 2025

Despite the fact termination is "stagmatic", however, the Management has not issued any written order of termination, which will have to follow prescribed procedure for termination. Otherwise, oral order of termination has no value in the eyes of law.

Consult a local prudent lawyer practicing service matters to protect your interest, professional advise and necessary proceeding. 

1 Like

vinodray parmar   29 April 2025

Already a very experienced lawyer is fighting the case. But State Educational Tribunal, the closest remedy authority has become bottleneck. An old case of 1996 is still being contested. A school Principal's case took 19 years for judgement , by that time he was no more alive to enjoy fruits of his benifits.

Most of the time the Judges and counsellors indulge in asking for dates. After 45 pleadings of my case, now it has entered in Oral Evidence stage in 2 May. 

I approached High Court to issue direction for speedy disposal of the case. High court was kind to issue direction for speedy disposal, so now on 2nd May, oral evidence of petitioner is proposed. Then Oral Evidence of Respondent will be there. By that time, Summer vacation will start.

T. Kalaiselvan, Advocate (Advocate)     29 April 2025

No doubt it is pathetic to know that your case has been dragged on indefinetly but the facts are to be accepted.

The delay at several stages were justified owing to the circumstances prevailaing at each and every point of time in the past.

You may concentrate in the future hearing properly and conduct the case with the assistance of your experienced and skilled advocate scrupulously. 

1 Like

vinodray parmar   29 April 2025

I served the Respondent Institute for more than 11 years. Now it is more than 11 years, struggling for dues. At present the case is in State Educational Tribunal. When it comes out from bottleneck, I will have to struggle through two more bottles i.e. High Court and Supreme Court. Looking at the pace and number of pending cases, finally I submitted successive nominees' affidavit to Tribunal with copy to High Court and Supreme Court.


Attached File : 851270 20250429151719 successive nominees affidavit.pdf downloaded: 2 times

T. Kalaiselvan, Advocate (Advocate)     30 April 2025

However you have almost reached the finality hence with patience you may endure your fight for justice.


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