resignation of employee
Tarun Kalra LL.M, M.B.A
(Querist) 11 August 2008
This query is : Resolved
Dear sir,
A employee, who is under probation period, had given his one month notice and resignation to the managing committee of the school, (it is typed and signed by the employee). Later on he had given a affidavit to D.C that he had not given his resignation and the resignation and other blank papers and signed by him is a result of cheating by the managing committee, and he had given a statement before the district education officer that the had not given any resignation and the resignation and the other documents are signed by him is result of cheating by the managing committee, now the d.e.o is saying to join them, but the managing committee don’t want to join them, as they are not good teachers, as appointing authority can managing committee refuse them to join, because the resignation is accepted by the headmaster and managing committee and the resolution is passed by the managing committee for their resignation. Can we(manageing committee) , can take any criminal action against them for firstly giving resignation and signing on it and then giving a false affidavit before D.c and D.e.o that they had not given resignation, and for allegation against the managing committee
H. S. Thukral
(Expert) 11 August 2008
Since the resignation has been accepted, it can not be withdrawn. However it is open for the teachers to take a plea that it was a forced resignation submitted under pressure. He has to prove these allegation to be successful. Such allegations against the managing committee does not create any cause of action in its favour in criminal law. If any action is taken then the onus shall be on the managing committee to prove that allegations are false.
