Govt
kalavathy
(Querist) 02 July 2014
This query is : Resolved
respected sir
I am a teacher. last year I was dismissed from service. asper legal provision i have gone for appeal to cbse board. as per provisions of cbse byelaw (central board of secondary education) a 5 member appeal committee has to be formed. 3 members from school and one member from cbse board (as a advisor) and one more member from outside school. but cbse for th period of one year didnot form the committee. I approached the court and court ordered them to finish the appeal within three weeks. they also did the same
My question is
cbse board is a autonomous body comes under ministry of human resource. cbse officer is a govt officer. as per cca rules appeal has to be completed withn 3 months. but it was not completed. school was in possession of my original certificates .
in the court i appeared as party in person and requesed judge to order the school to give back my certificates. judge ordered the school to give my certificates. school also did the same.
1. can i file writ under sec166of ipc against the govt officer for not discharging his duties and ask for compensation
2. for holding my certificates after my dismissal can i ask for compensation . is it a criminal offence
Sudhir Kumar, Advocate
(Expert) 03 July 2014
1. can i file writ under sec166of ipc against the govt officer for not discharging his duties and ask for compensation
Ans : IPC is meant only to p[unish guilty persons. Compensation is a seperate matter.
2. for holding my certificates after my dismissal can i ask for compensation . is it a criminal offence
Ans : Yes.
Rajendra K Goyal
(Expert) 03 July 2014
compensation can not be claimed through writ under IPC sections.
You can claim compensation for illegal holding of your certificates.
Agree with the expert.
P. Venu
(Expert) 03 July 2014
There appears to be some confusion as to who is your employer and the law governing disciplinary proceedings. Pl. provide the complete facts.
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
For compensation you have to approach civil court only and not the writ court. You may answer the query raised by expert Mr. P.Venu for further proper opinions to your query.
