Holding certificates
kalavathy
(Querist) 06 October 2014
This query is : Resolved
i am a teacher of private school. dismissed for chanting secular prayer in 2013. school was holding my certificates even after the dismissal. i have gone for the appeal to cbse board. for theperiod of one year my appeal was not attended. appellate authority consists of a committee. three members from school and one outside principal and anominee from cbse board as a advisor. after one year i approached the court and got directions from the court directing theappellate authority to finish the appeal within three weeks. during the argument i haave mentioned the udge about retaining my certificates. in the court premises with the direction of judge school gave meall my certifictes. that was mentioned in the udgement also. my doubt is
1. as per cbse bye law holding the certificates are illegal. that too school was olding my certificates after the dismisal . this is against sec 406(breach of trust)but i asked orally to returnmy certificates. i didnot write any wriien letter to school after the dismissak reg returing the certificates.
can i ask for compensation for holding my certificates to school .
cbse is also indirectly connectedwit te school. can i involve both.
where sould i file the case.
2. under sec 168 i dont remember correctly a public servant (cbse) not discharging the duties is punishable under criminal law. school comes under cbse board . he should have formed the commitee. hefailed in his duty. can i file criminal case against both school and cbsereg tis aspect.
3. school isrun by state bank of india officers association. sc udgement says 9933 wp 1985 any public servant should not run any trust or organistion. can i file awrit based on this.
4. i havealso filedthe writ for my reinstatement in highcourt.
i have go aorder from magistrate court directing the police to register case for hurting my religious feelings. police also filed fir. how long should i wait for police action.
P. Venu
(Expert) 07 October 2014
Your certificate is your property. Lodge a criminal case against the school authorities.
Rajendra K Goyal
(Expert) 07 October 2014
1. While working in school you should observe the discipline of the school. School policy is to decide which prayer is to be preyed, not to be decided by individual teacher. This tradition of deciding prayer by individual teacher would jeopardise the object of discipline. If you want to take secular prayer path you should have requested management to permit and if not permitted should go legal path in spite of starting praying directly.
2. You have received back your certificates. Initiating new case, you would be wasting your money and time.
3. How many times you have asked in written to return your certificates? Oral request would be difficult to prove. Initiating any case on this point may result in wastage of time and money.
4. You have already adopted civil path. Any Criminal case should be reported as an when the crime happened.
5. SBIOA is not public servant but a registered trade union / association.
6. Writ in High Court would be decided on merits.
You seem to be very much eager in punishing school management, better concentrate in your work and proceed.
Raj Kumar Makkad
(Expert) 08 October 2014
I fully endorse the advice of expert Rajendra K Goyal.
malipeddi jaggarao
(Expert) 09 October 2014
I also fully endorse the advice of expert Mr.Rajendra K goyal.
What compensation you can ask for? You have to prove the loss incurred for not getting the certificates. You did not make any written request.
You are entertaining useless ideas as you have developed negativity against the school management. Better leave the matter and start a new living.
T. Kalaiselvan, Advocate 
(Expert) 11 October 2014
You have raised the same query many times in the past in this section as well as in the forum and every time your query was very properly addressed, but you seem not satisfied, periodically appear in this portal with similar queries, it means any amount opinions given to you in the past were of no use to you or that you donot want to understand but insistingly repeat your query again and again without any rhyme or reason.
