• Tampering in mark sheet to increase 30 marks

Dear Sir/Madam, I am a Principal of a school in Madhya Pradesh . One of my female teacher submitted her MA marksheet & got job as a teacher 25 years ago. I joined school 8 years back & started verification of all employees marksheet & degrees. I found that the said teacher had made 51 marks to 81 & third division to second. I immediately sent this marksheet to the issuing University (Gorakhpur University) for it's verification . The University verified & sent me its report stating that marks & division bother have been tempered. When I asked the teacher ,she says her marksheet is correct & university's report is wrong & started showing me her arrogance as comes from a lawyer's family. Kindly help me regarding proper action at my end to be taken against her. Regards.
Asked 4 years ago in Criminal Law
Religion: Hindu

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11 Answers

1. Departmental inquiry can be initiated, based on the university's report on the MarkSheet and subsequent suspension and cancelling all service benefits, as may be applicable.

2. Criminal proceedings for Cheating, Fraud, Forgery also can be filed, via a Police FIR, leading to a criminal case in the Magistrates court.

3. HOWEVER, in the interest of the School, above have to be introspected many times, before initiating any legal action.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

File case of cheating and fraud as well as manipulation of documents made

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. You as the principal of the school where the teacher is employed can file a FIR against her under Section 420 IPC for cheating. This apart, the university can file a FIR for the offence of forgery against her.

2. You can also terminate the teacher with immediate effect after serving a notice on her.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Submission of a fake certificate to secure a job should be treated as a criminal offence,

you should file a complaint in police u/s 420 468.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

You can write to your department regarding the anomaly and forging of marksheet.

If your promotion or anything is affected due to this forging you can file a mandamus petition in High Court making department as a party along with the lady concerned as well for submission of documents which are forged.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You may take action against her in terms of the conditions contained in the employment agreement which this teacher has signed.

Since the Gorakhpur Univ. has already cross-checked the matter at their end and confirmed that the mark sheet was tampered, you are free to deal the situation with iron hands.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Issue her notice as to why her services should not be terminated

2) she has committed serious offence of forgery , fabrication of documents and does not deserve to be employed as teacher

3) file police complaint against her

Ajay Sethi
Advocate, Mumbai
87898 Answers
6207 Consultations

5.0 on 5.0

Sir issue her a notice for termination and further file a police complaint for forging and tempering mark sheet for getting job based on the report of the university.

Her services can be terminated by you by asking explanation to the effect.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Immediately initiate the disciplinary proceedings against the teacher with the help of a lawyer and put her on suspension mean while after issuing appropriate notice. She can be booked for various offences under the Indian Penal Code which are non-bailable. Please understand that whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Regards

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

Firslty, university report is considered to be the true records, no one can out question on this.

Secondly, you should and have all right to call up the higher authority to cancel her joining now there is law which can say that now you can’t take any action after 25 years.

Thirdly, then thereafter if she has any grievance then she may approach the CAT for litigation.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If you have detected her to have done any fraudulent activity to get this employment by tampering the marks sheet to make her eligible or this post, nothing prevents you from initiating any legal action that would be appropriate under the given circumstances.

If the original marks will still make her eligible for this appointment, then any legal action taken on this may not fetch any fruitful result specifically at this long period of gap.

Thus you may discuss with the senior staff of the institution as well as with the education officer above you on this and take a decision as per law.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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