Threatened of a transfer/suspension in govt. teacher job
Guest
(Querist) 08 December 2014
This query is : Resolved
since yesterdy i had posted my queries in forum and expert section under labour and service law.but no one has cared to reply so far.so i am reposting here...
in a delhi govt school i'm teacher for 3 yrs.
my vice principal has always been biased against me & disliked me from the beginning.
even though i worked pretty well and students are quite satisfied with my teaching.
i had once complained against 2-3 teachers' misbehavior who are close to her.so she started pressurising me to take a transfer to another school which i refused.
this made her furious.now off late she has been issuing me letters and show cause notices over very reasons like not checking notebooks on time,reaching class 10 minutes late,etc.she always tries to show she manages the school v.well.she yells and screams at me publically even in front of students,staff,IVth class employees etc over minor errors.off late she has been threatening she'll get my transfer done or get me suspended.all the teachers support her because she's too lenient with them and lets them do dadagiri with me in school.
once or twice replied to her boldly that she must maintain my dignity atleast in front of students in front of whom she has no right to shout at me.
this infuriated her and made her even more verbally aggressive.
a few days later,an important file which was under my custody that showed accounts of money distributed to students through their class teachers got stolen.she's issued a letter over that as well.
few days later,a set of answersheets that i had checked also got stolen.
i keep replying to her letters thru speed post,and that's making her even more furious.
there are bigger mistakes and blunders committed by all other teachers which she always ignores.they never get any letters and show cause notices.some of their mistakes/blunders are:
1. selling jewellery,kurtis,cosmetics in school to colleagues occasionally
2. coming school at 7:30 to 7:45 even though reaching time is 7:15.but marking attendance as 7:15.however if students get late,they are made to stand for 20- minutes more separately in the ground as "punishment"
3. not going to class for many days or going very late
4. making students cheat in exams
5. standing in groups during assembly and gossipping even though teachers' diary has clearly stated teachers are not to do this.
6. few teachers(who are favourites of principal) sometimes go to nearby shopping centre to do their household shopping,return and then show their purchases in staffroom.
7. gossipping loudly in staffroom.
and many more things..
please tell me is there any way i can stop her from getting me suspended or transferred?whom shud i approach?i have no contacts in education department.i am a needy person with no extra income.my parents are retired with no pension,whom i support all alone.
i am yet to be confirmed as permanent teacher.
Devajyoti Barman
(Expert) 09 December 2014
Unless any action is taken against you, you can not seek legal recourse.
However you may file writ petition if any of your legal rights in the school is not recognised but that is likely to antagonise the whole system unless you are indeed suffering from unbearable agonies.
P. Venu
(Expert) 09 December 2014
The vice-principal, in all probability, may not have any powers to transfer or suspend a teacher. Pl. verify.
Rajendra K Goyal
(Expert) 09 December 2014
If you adopt any legal pathe it would be time and cost consuming and nothing vital exist against her in your query.
Better try to maintain harmonic relation and observe discipline.
The irregularity pointed out by you may be highlighted against her before the higher authorities through some other person. Do not complain directly.
Kumar Doab
(Expert) 09 December 2014
The reporting/designated authority can issue stinkers/show cause notice on matters like late coming/late checking of note books/loss of important files/answer sheets etc......
However if you have received such notice it is imp. To submit properly structured reply within stipulated time under proper acknowledgement...... that you seem to have done.
If you allege bias/vindication then you should have evidence.....and you may record the evidence......... in the form that can't be disputed e.g audio/visual.
The transfer can be contested if the reason can be proved as maladies,malice,bias....vindictive...
The service conditions shall be governed by Delhi School Education Act......that you may download and go thru....
There are many teachers unons/associations that maintain well nourished blogs too.......and they can be of help......however instead of head on collision....... adopt tactfully approach and generate evidence.....
Handling the boss is a skill and any skill can be acquired and employee should adopt this skill.
There are many issues that you can also avoid...
If you suspect that the purpose of so many SCN is to build a watertight case then approach an able Labor Law Consultant /Service matters lawyer and let your lawyer structure all representations......
T. Kalaiselvan, Advocate
(Expert) 11 December 2014
Hope many experts have addressed your query upto your satisfaction?, you may follow the suggestions offered.
Guest
(Querist) 13 December 2014
Hello all,
Thanks for your replies.I'm highly indebted to all.
1. Sir Kumar doab,can you please tell me within how many days of receiving a letter should I reply?The vice principal never gives me any time limit to reply.And in many cases,she doesnt ask me to reply.Still I reply.
2. I have also mentioned about a stolen file(in my custody)which showed signatures of students who had received cash from govt. funds to purchase books.I had written to her about this "missing",but she did not bother to even order a massive search in school,or any other concrete steps.Now if an auditor comes,what will i tell him?Can I tell him that the vanishing of this file was already reported in writing to the principal,but she never bothered?
3. Sir Venu,I know she has no power to transfer or suspend.But she was saying that she can send all the letter copies(which she had given me) to education department.
Sudhir Kumar, Advocate
(Expert) 13 December 2014
Service conditions of Govt teachers are governed by rules famed by President in exercise of powers conferred vide proviso to Article 209 and not by Delhi Education Act.
I would agree with the views of Mr Kumar Doab that properly structured reply within stipulated time under proper acknowledgement...... that you seem to have done.
If no time is being stipulated fro reply then either she does not know how to fix a person or she has not sought reply or just given a warning without explanation. Only on perusal of these ppaers a view can be formed.
I agree with Mr Goyal. Given facts are giving no material worth a sustainable complaint against the Vice Principal.
On the contrary the given facts on that thread do indicate a strong material in her hand to propose major penalty proceedings against you as you yourself indicate that you do not have record of utlisation of public funds entrusted to you.
Furthermore it is evidence that before being confirmed you intend to put a complaint on those facts which will make each and every staff your enemy.
Sudhir Kumar, Advocate
(Expert) 13 December 2014
I agree with Mr Venu that she has no powers to suspend or transfer you. But the powers which she has :-
(i) Since you have complaint against each and every teacher there might be some many adversaries of you. she has to obtain come complaints from other teachers. Send the same to DDE requesting for transfer.
(ii) If you do not reply the SCN believing that no time is stipulated or do not represent against the warning then record the same in your ACR to ensure that you are not completing probation.
(iii) since you are yourself hinting that you do not have record of spending of Govt grants she can refer to matter to DDE requesting for initiation of major penalty case against you (in whose pendancy you are not clearing probation). Since this is a financial matter ignoring such request from her can put DDE in a very serious trouble. He does not have much choice to protect you.
Either she is very lenient or she is does to know the rules and procedure to deal with you. Better take advantage of this rather than to force her to understand the rule sand procedure.
