I am a senior faculty in a college governed by the CCS (CCA) Rules. I have planned to go abroad with my wife for a compulsive, pitiable purpose of assisting my daughter-in-law at abroad, who had been conceived and the due date for delivery was expected to be in the first week of April and to take care of their two years old child and the just born baby. I have requested for the permission to go abroad from the college, by mid February itself, along with an undertaking in the non-judicial stamp paper that I will return for duty or otherwise It can be treated that I have resigned the post and an application for earned leave in prescribed format from first week of April to June. Whereas, despite very clear explanation about the contingent circumstances and the very genuine, pitiable, and pathetic contingencies explained through many reminders and above all not minding of the orders of the Government of India and the observations of the Hon’ble Apex court, given in this regard, I was not granted the permission in time, purely because of the vindictive motive of the Principal against my personal and professional interests. Because the Principal had shown inordinate and deliberate delay in granting permission, I did not proceed to abroad, but continued to attend duty and consistently requested for granting permission by curtailing my leave period twice, as informed by the Principal. However, as the Principal had still delayed the granting of permission to go abroad. Therefore, in view of emergency, as my daughter in law has given birth to a baby and badly needed our support and assistance, I left for abroad with my wife and reported back to duty with in the period given in my affidavit and as per the Rule 11, GOI 5 (ii) (iii), of CCS (CCA) Rules, 1965 and submitted the Joining report to the Head of the Department and signed the attendance register and attended the office duties. The Head of the Department also had endorsed my joining the duty and forwarded the Joining report to the Principal. Whereas, the Principal, in order to victimize me further, had returned the Joining report and asked me not to sing the attendance register by way of writing such a remark in the attendance register, which is an open document and as such intentionally made it known to the fellow faculties, teaching and students community and thereby inflicted heavy mental agony by his vicious act of defaming my professional image and hard earned reputation over 30 years of service as a professor in the college. I may please be counseled as to how can I deal with this situation and under what legal grounds, I can seek justice for such a malicious, willful act of victimizing me and defaming my professional image and integrity, by the Principal, ever since I applied for permission to go abroad and all such vicious acts, have imposed serious irreparable injuries and loss to my personal, professional and family life.
If you have been informed to Principal in much advance and in writing too. Plus all not minding of the orders of the Government of India and the observations of the Hon’ble Apex court, given in this regard.
Plus Head of Department order also he is denying, so only against Principal you can file defamation case and narrate all above issues.
You need first take it to the superior disciplinary committee in your organization. If they are not resolving you then you can take it to office of labour commissioner. Later you can also file civil and criminal defamation case against them
As explained in your query it is apparent that the principal acted with malicious intention for the reasons best known to him.
Send out a representation on your own by registered post. Either he has to respond or fail to respond. Either of these acts would certainly give rise to a legal action.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
If your leave was not sanctioned by the principal, you could have approached the top management of the college or even the university registrar with an application venting out your grievances.
Have you taken any step in that direction?
However if you are aggrieved by the acts of the principal you may make a representation in writing to the competent authority venting out all your grievances and seek proper legal action against him to relieve you from the mental stress caused by him .
You may consult a local service law practicing advocate on all such further issues.
Unless the authority competent to grant leave or extends the leave, a employee absent or who remains absent after the end of leave is entitled to no leave salary for the period of such absence and that period shall be debited against his leave account as though it were half pay leave, to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.
Dear sir
you should file a civil suit against your principal for forcing you to perform the act which defames your Image in the college.
The suit should be for issuing mandatory Injunction to college for considering you absence period as paid leave and not to enter the reason for leave in register.
