Dear All,
I just joined this form after hearing from someone. I am writing this with a great hope that through this form I will be able to save my father from harassment.
My father Mr. Vinod Kumar Singhal is Principal in a aided school [Adarsh Janta Inter College, Paswara- Meerut]. He is facing serious problem for not toeing the line of the management for making exaggerated claims of number of Students (with the intention to get more aid from Govt.).
The School Mgt. first removed him from the post of Principal on Nov.16, 2011 on false grounds. We approached the Allahabad High Court who vide their order Dt.Nov.25,2012 directed the DIOS to restore my father to the post of Principal.
The DIOS issued the order restoring my father as Principal on Dec.8,2011 ,
But sensing this possibility ,the Mgt. suspended my father with back date(Nov.20,2011) the copy of which reached the DIOS only after Dec.8,2011 In the meanwhile the DIOS after considering the records quashed the order of suspension vide his order Dt. March 2,2012.
The Management went to the High Court pleading that it was not given chance of being heard. The Court then directed the DIOS to issue order after hearing both the parties. The order of DIOS is expected any time
Finding that the DIOS was not likely to favour the Management, an FIR was also lodged by the Mgt. on Jan21,2012 against my father u/s 406, 420 ,467, 468,471 of IPC in Case no.50/12and crime No.48/12. The allegations in the charge sheet are same as were there in the suspension sheet. Consequently my father obtained stay on arrest till the submission of the charge sheet. But now charge sheet has also been framed and the threat of arrest is hanging constantly on my father’s head.
Points of allegations are:
- Joining of my father as a teacher in Year 1981 is not according to rules. Management is saying that my father’s brother was in management committee at that time. [against it we have the prove that he was not in the management committee]
- Joining of my father as the principal is wrong and my father has used the forged documents. [Administrator appointed by DIOS on the refusal of the senior most teacher- in writing has given the charge of officiating principal to my father and DIOS has approved that]
- My father has used the college money (Rs. 14, 500) for his own purpose [Resolution for buying the chairs and to construct the wall for the college toilets was passed by the committee of the teachers in written and Cheque has been issued in the name of the peon who has taken the responsibility of the work and attested bills against the expenses are with us]
- My father has taken away the money of the scholarship of one SC/ST student. [Scholarship always come in bank account and because there was some typing mistake of account number in case of one student and money has been sent back to the department by the bank]
- My father has passed one student who was not the regular student of the college by having bribe from him. [To make the results and to present it in front of the principal is the duty of the teacher. If he is addressing him present then my father has no obligation to sign on the result of that student]
It is apparent that money and political support is being used to harass an individual who tries to follow rules.
We have pleaded in Allahabad high court to quash the charge sheet but high court has given the following decision.
“The prayer for quashing the charge sheet is refused.
However, in the circumstances of the case, it is provided that if the applicant moves an application for surrender before the court concerned within four weeks from today, the court concerned shall fix a date about ten days thereafter for the appearance of the applicant and in the meantime release the applicant on interim bail on such terms and conditions as the court concerned considers fit and proper till the date fixed for the disposal of the regular bail.
The court concerned shall also direct the Public Prosecutor to seek instructions from the investigating officer by the date fixed and as far as possible also give an opportunity of hearing to the informant and thereafter decide the regular bail application of the applicant in accordance with the observations of the Full Bench of this Court in Amrawati and another Vs. State of UP, 2005 Cri. LJ 755, affirmed by the Supreme Court in Lal Kamlendra Pratap Singh Vs. State of UP, (2009) 4, SCC 437 and reiterated by the Division Bench of this Court in Sheoraj Singh alias Chuttan Vs. State of UP and others, 2009 (65) ACC 781.
If further instructions are needed or if adjournment of the case on the date fixed for hearing becomes unavoidable, the Court may fix another date, and may also extend the earlier order granting interim bail, if it deems fit provided that the adjournment of hearing of the regular bail on one or more dates should not exceed a total period of one month.
It will also be in the discretion of the Sessions/Special Judge concerned to consider granting interim bail pending consideration of the regular bail on similar terms as mentioned herein above when and if the applicant applies for bail before him.
In case the applicant fails to appear before the court concerned on the dates fixed it will be open to the Public Prosecutor to move an application for cancelling the order of interim/final bail and the Court concerned may pass an appropriate order on merits.
For a period of four weeks from today or till the applicant surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against him. However, it is made clear that in case the applicant fails to move an application for surrender before the court concerned within the time indicated hereinabove, this application shall stand automatically dismissed.
It is further provided that in case the applicant moves an application for discharge along with certified copy of this order before the court concerned, the same shall be dealt with in accordance with law at appropriate stage.
With the aforesaid directions, this application is finally disposed of. “
Please suggest.
