On adied school managment service teachers
sanjay singh
(Querist) 29 April 2013
This query is : Resolved
on regards of service of head master for junior high school about terminations of service from high court point of views
Sailesh Kumar Shah
(Expert) 29 April 2013
state the full query. you have posted incomplete query.
sanjay singh
(Querist) 29 April 2013
Respected sir,
myself sanjay singh from etah district (UP)
my father was terminated due to influence of samajwadi party,the party have a relationship with our manager,
with dharmendra (nephew of mulayam singh )
its the case of 2006 ,when the relation took place and that time my father have got directions from allahabad high court that
"why you are suspended again and again ?
and the(high court) ordered a committe should form and a report on it why they are suspending ,and report to managment
so finally committee has decided to terminante my father with the help of managment
and they take the control on BSA (Man singh ) through the dharmendra
and finally they succeedded on it
they accused with 15 points aganist my father,
from 15 points two points are very critical i.e
first that my father has been in jail for one week n he took the salary for it.
(on that time management was controlled by my father)
but my father was not guilty on this behalf
Second is that my father newphew is appointed and on that selection committee
my father is also there it was of 3 members committe(including manager).
Against party has nw committed that nephew selecton was purely based on my father only.
this is now one of the main issue on my father
sir in this all process my fathers views is not taken ( in terminaton process )
and there after
my father gone to lucknow educaton board
there also my father has not heard because of pressure of dharmendar
The director also influenced by it
he also disfavour our appeal.
and finally we went to allahabad high court
where our case is pendng
up till now on previous hearing
we have now given time to give a rejoinder
sir,the person who is chairman of the committee is now the headmaster of the school till the case is over
sir
whether my father service would be terminated n this issue?
or
what are the possibilties ragarding this facts?
or
Is there any chances in favour of us?
R.K Nanda
(Expert) 29 April 2013
consult local lawyer.
Sudhir Kumar, Advocate
(Expert) 29 April 2013
your description is totally confusing.
in this case if the allegations of claiming salary while being in Jail and also being part of selection committee considering his nephew, etc are true then these are sufficient for throwing him out. even non-intimation of custody is also a misconduct. after committing these actions he should not have picked up string with influential persons.
you have not narrated other allegations.
if the management has not followed procedure then the reinstatement can be conditional.
sanjay singh
(Querist) 29 April 2013
yeah i m agree with your views but i want to say that said committee which formed by high court has not heard my fathers views and they had not provided any evidences to him
but now they had submitted to high court directly
the second point is this
been a nephew only it doesnt'seem that he is not eligible for post,
there is no any such law that prohibits any family members to apply for the various posts where the family members is working
being a head master of school (father)he would be present in selection committee so he did
The person (nephew)was eligible for the post not because of his uncle but because of his own capabilities,he can't be thrash out,
It was management decision not only my father decisions,
if its found guilty also why then BSA has approved it,
Headmaster has no power to appoint any members but he can only give views only
so what he did,and this not a crime(in my views)
Sudhir Kumar, Advocate
(Expert) 30 April 2013
it may not agree that high court constituted committee. it appears that high court only directed inquiry to be held. In case the accused is not given opportunity of defence then it is a matter of procedure and such committee report is challengeable.
On merits:-
it is irrelevant of his nephew was eligible and suitable. Mere fact that he participated in selection board leading to his selection, is s serious misconduct. When your father acted against principles of natural justice (non should be judge in own cause) you are very happy and call him innocent and ask for :there is no any such law that prohibits any family members.........:."
You perhaps do not know that no staff of UPSC/SSC etc is allowed to deal with examination where is relative is a candidate.
It was prudent on his part to submit in writing to be kept out of the said interview,, instead of capturing the opportunity.
On the contrary when he is deprived of principles of natural justice then you are said.
for understanding the reality of situation you have to come out of web and accept that he is guilty so that you can put energy on the right path.
Apparently he is victim of selective justice.
sanjay singh
(Querist) 30 April 2013
sir
if u don't mind i want to know that how we can defense in such a situation when we are not heard
Can high court give a fresh enquiry for it or not o the path of that we have to heard
Sudhir Kumar, Advocate
(Expert) 30 April 2013
you can challenge the decision again in high court. Though there is inquiry but there is no procedure and no opportunity is given.
Sudhir Kumar, Advocate
(Expert) 30 April 2013
there is another principal of natural justice which says that "justice should not only be done but should also appear to have been done"
this principle has been violated against your father for proving an allegation where he himself has violated this principle.
Raj Kumar Makkad
(Expert) 01 May 2013
Your masub-judice before high court and your lawyer is in better position to defend your case and otherwise also, the appeal has already been filed with specific grounds mentioned therein which cannot be got changed now on the basis of our discussion so better to concentrate to prove those grounds.
