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Abu Thalha (Law)     30 December 2013

Revoking suspension of a teacher

A school teacher is under suspension as a criminal complaint was lodged by the parents of a student that he attempted to molest her.  A criminal case is filed and pending disposal.  In these circumstances, a local enquiry conducted by a special team of the school management finds that the teacher is innocent and may not be guilty.  The school is run by minority management and the teacher  belongs to a major class.  In these circumstances, can the school correspondent revoke the earlier order of suspension and allow him to proceed with his job subject to the condition that he should immediately step down if the court cerdict goes against him.  I request the opinion of the learned and the elite.



Learning

 2 Replies

S.QAISAR ALI ADV. (Advocate)     30 December 2013

Mr. Abu Talha

as you have written that preliminary inquiry against suspension order have been completed by inquiry officer,as suspended teacher is not found guilty so school administration(competent authority)can reinstated him and order him to proceed with the job subject to condition that order to reinstate shall be under the final order of the court .

Avadhesh Paliwal (advocate)     11 January 2014

you are right on your place but there  is problem in that you can continue in this school because local people and guardian will not allow to this ......so you can apeal to the court that please give the apointment you to in new school through the transfer procedure....


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