Sir, My wife is a teacher and presently in the charge of officiating headmaster of the school. Rs. 3000/- was fraudulently withdrawn by my wife’s school colleague from the school MDM account by forge signature of my wife and Village SMC president on a cheque. When came to the notice, the whole matter has reported to the Dy. Edu. Officer(block level officer) by my wife. In a departmental inquiry, her colleague had accept guilty (in writing) infront of inquiry officer. There after the inquiry officer submitted the report to Dy.Edu. Officer. The Dy. Edu. Officer made a detail report probably with his remarks and further submitted to the Distt Education Officer. The Distt. Edu. Officer reviewed the report and conveyed his decision to concerned officer. Further Dy. Edu. Officer conveyed the decision to guilty person without intimation to school by registered letter alongwith copy of charge sheet/decision at his residential address within 15 days of receipt of the decision. When more than three months have been passed, my wife inquired about status of the matter, unofficially she came to know that the dicision has came out but what is that does’nt known. Then she asked to DEO that provide the copy of the decision. After a long delay of more than three months she has been informed about the decision through official letter stating that she has given adverse entry for lay the blame on negligence in financial matters and indicipline and strange, there is no copy of charge sheet/decision attached with the letter. Till the time my wife has kept in a dark by the Dy Edu Officer about the decision. Within a week she repsented to the C.E.O. (Senior Officer), for expunje the adverse entry and transfer of the accused, against the decision as the competant authority did not ask any explanation or without hearing her side on the matter before came to the conclusion. Which is not according to the “Employee Conduct Rules- 2003” of the state Government. But more than six months have been passed, there is no reply has received so far. My wife registered a complaint on Samadhan Portal to the DM stating the matter then they provide the copy of decision. In the decision, the Distt. Edu. Officer clearly mentioned that the amount of Rs. 3000/- only (without penal interest) deducted from the salary of the accused and deposited to MDM account of the school. Till date, there is no information given to the school whether the amount has deposited to the MDM accout or not. I want your valuable advice on the matter, is there any hope for favor if we go through with legal proceeding. Is it a case of harassment also? Thanks and regard.
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your wife cannot be blamed for negligence in financial matters and indiscipline
2) if your wife and village SMC president signature has been forged how can your wife be blamed for negligence
3) your wife was not granted any personal hearing and adverse entry passed on wife records
4) your wife should succeed as order passed in violation of principles of natural justice
If no inquiry whatsoever was setup against your mother and she was never presented a charge-sheet, she could not have been punished. Punishment is the outcome of the findings reached in a Departmental Proceeding and if there wasn't any against your mother, there was no occasion to punish her.
Challenge the award of adverse entries in the High Court.
1. It was a case where somebody forged the signature of your wife, and the guilty person admitted his guilt, for which your wife cannot be subjected to any disciplinary proceeding
2. Furthermore, no show cause notice has been issued to your wife before making the adverse entry.
3. Your wife can challenge the adverse entry through a writ petition in the High Court. The chances are good.
The mater if pursued through legal procedures, it may embarrass your wife more and more and she may be subjected to more tortures.
The decision to take at a right time is that she makes a detailed representation about her grievances in this regard to the higher or competent authority through proper channel narrating all the humiliations she was made to face on this and also about an adverse remark on her career.
If this will not exhaust the remedy, then she may plan to approach court of law for relief and remedy.
