Legal position of teacher undergoing de-addiction treatment for alcohol dependence in gujarat
Suzan Fernandes
(Querist) 14 March 2015
This query is : Resolved
Greetings!
My partner, who is a secondary teacher in a grant in aid school in Gujarat is alcohol dependent for almost 30 years and his way of indulging is through binge drinking for 3-6 days and finishing 3-5 bottles. He does not binge regularly and there are, sometimes, months between the two binges and sometimes only weeks.
He is aware that he has a substance abuse problem as well as some serious psychiatric issues. He has been undergoing treatment for depression as also indoor and OPD treatments for alcohol abuse periodically. Moreover, from August 2012 till September 2014, he was regularly taking an alcohol aversive drug prescribed by a psychiatrist. During this period, his alcohol consumption was @ one binge every 6 months. This drug was discontinued for some time as long term use has some serious side effects.
Hence, we were looking for some new treatment for his difficulties and consulted the psychiatry department of the government general hospital in our city. Because our first priority was to get his substance abuse AND psychiatry problems resolved together (they are feeding on each other), we got everything we have done till that day on his case paper as history. To our surprise, the government hospital psychiatrists were extremely good; they spent hours taking the history and called the entire family for counseling. Besides prescribing medication for his psychiatric problems, they also advised creating a positive environment to help him overcome his substance dependence. There is no medication prescribed for checking his alcohol consumption as both the doctors feel that taking care of psychiatric disturbances will help in controlling his impulse for alcohol.
Therefore, we informed his employer about his treatment for psychiatric problems in the letter asking for leave and quoted the case number issued by the hospital and assured him of submitting required documents once my partner rejoins duty.
After one month of seeing how the new treatment was faring, we are very happy with the results. My partner has presented himself for rejoining his duties.
To submit a certificate stating he is undergoing treatment in the psychiatry department of the government hospital, we requested the doctor and he informed us that he will have to state alcohol related information on the under treatment certificate.
Now the issue is that Gujarat has prohibition. My partner is undergoing a treatment to rid himself of this addiction to a prohibited substance. Further, he is paid from the government grant being received by the school. And hence, we are not sure if such a certificate will not jeopardize his job. So the option we have is to apply for leave without pay which does not necessitate any documentary evidence.
Before we take any decision, we would like to know what could be the legal consequences for him if he submits a certificate of under treatment which mentions history of alcohol dependence and his current ‘deaddiction’ treatment through managing his psychiatry problems.
Please guide us.
Dr J C Vashista
(Expert) 14 March 2015
Too long a story and not a query, be precise.
Consult and engage a local lawyer.
Devajyoti Barman
(Expert) 14 March 2015
This type of certificate touching mental faculty of the candidate is very dangerous to submit and I would not recommend to do so. Rather submit any other medical document which should be obtained without much difficulty. If that is not possible then leave without pay is better option.
alexander
(Expert) 14 March 2015
Well advised by Shri Barman ji
By stating the periodical alcohol dependence and challenged mental faculties , you are giving the administration a stick to beat you with. It is an open and shut case for showing the person the door. Some people may not be sympathetic and willing to help.
The concerned teacher must show resoluteness to get over the drinks problem and other related disabilities under counselling and regular treatment.
Alexander
nom de plume
Rajendra K Goyal
(Expert) 14 March 2015
The person should avoid to submit medical certificate which may create problems in future and should think of alternate suitable way.
Suzan Fernandes
(Querist) 14 March 2015
Thank you all for your quick response. We will go ahead with leave without pay option and continue with the treatment.
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
Disclosing his serious problem voluntarily is nothing but a fatal to his own career. Though the authorities are aware of his mental conditions but since you have committed in writing, they may not have any option than to show the door and shut it from behind. Thus as suggested by experts, better ask him to avail leave without pay for undergoing De-addiction treatment.
