I was employed in a private school on 01.09.2015 for 1 year on contractual basis as temporary teacher with 8k
again it was renewed in 01.09.2016 for 1 year as temporary teacher and then on
01.08.2018 i was confirmed in job with 16k. during trial of 125 crpc case i gave affidavit in chief in 09.11.2015 that i donot have any earning (as temporary job is not a job they can tell not to come from tomorrow). but in cross 06.01.2018 i accepted that am related with teaching profession.despite having the rti of my temporary period they did not submit it. it was in my favour.after my confirmation they appealed for reinvestigate.they filed a case ipc 193, 195.it is still admissiable stage.my question is purely temporary job can be called emplyment where u can be sacked next day? after my cross was over during argument stage i got the confirmation and proper sallary.after my confirmation i never told i am unemployed. my lawyer told i earn but very less than my ex husband and it is a pvt school.
my question is why lower court judge asked for attendence registrar from 01.08.2020 and not from 01.09.2015?
my husband told in affidavit in chief that he does not earn 50k or his parents get pensions.but later his mother accept in divorce case that she and her husband were central govt. employee and now retired.and my ex in cross admitted he earn more than 50k.
he only gave the copy of my confirmation to court and mislead the court and upper court thought am permanant teacher from 2015.
now what my role should be?
Asked 5 years ago in Labour
2 answers received in 30 minutes.
Lawyers are available now to answer your questions.
83 Answers
**lowe court judge asked attendence register from 01.08.2018 and not from 01.09.2015.
Asked 5 years ago
You should take the plea that at time of examination in chief and during cross examination you were not a permanent employee and hence did not disclose said fact
you can also file application for perjury against husband under section 340 of crpc for making false statements on oath

Advocate, Mumbai
99776 Answers
8145 Consultations
Submit attendance register as directed by court

Advocate, Mumbai
99776 Answers
8145 Consultations
Since you were employed as a temporary employee you can produce the details and give an affidavit before court stating the circumstances because temporary employment cannot be considered as regular employment for the purposes of regular income, hence there's no fault on your side in that aspect.
The other aspects can be dealt with as per circumstances and law involved in it.

Advocate, Vellore
89978 Answers
2492 Consultations
The direction by the trial court to produce the records as required is to be complied with as per law
Let the school authorities decide about it.
What is your problem when this record is submitted to court.

Advocate, Vellore
89978 Answers
2492 Consultations
You can submit the attendance register from 01.09.2015 onwards and produce SC citations in regards wife is working women still husband has to pay alimony because he had married with her and husband of a lady.
So no matter whether you're are working women or not still you're eligible to get monthly maintenance and alimony.

Advocate, Pune
13008 Answers
267 Consultations
Sec 195 IPC doe not attract.
attendence registrar from 01.08.2020 - This date not came yet.
You should submit confirmation letter in court to refute husband claim.
And 16k still not much amount, still you are entitle to claim maintenance. Also file petition under DV act 2005.

Advocate, Jaipur
23079 Answers
31 Consultations
Hi
Employment is employment either temporary or permanent.
It This salary of yours is very less and a lady cannot maintain herself in 16k per month so you are still entitled for maintenance.
He asked for attendance register from 2018 because you were regularized in that year.
Don't Worry

Advocate, Rohtak
5365 Answers
4 Consultations
You can use that statement in your favour

Advocate, Mumbai
34514 Answers
249 Consultations
why judge asked for my attendance register from 01.08.2018 ( my permanancy) but not from my temporary time(01.09.2015).?
after my permanancy i never told i am unemployed but at that time cross was over, in upper court i admit it.
my ex husband told he earn less than 50k and his parents are not pensioneer in affidavit of maintainence suit. but in cross of mat suit his mother accepted she and her husband both are retired central govt.gazeted officer .he also accepted he earn 50k in higher court.he did not provide pay slip despite court told.he also got promotion that he also did not disclosed. now i want to file return case agsinst him regarding his lie on his parents income and his as well. how to procced?
Asked 5 years ago
Judge never ask anything proactively here you should understand it. S/He must read all facts and issue then came to conclusion that its essential to check records from 01.8.2018 or opposite party must had made application to produce evidence from 01.08.2018. So you can produce from starting of day one of your service.
Yes, you can ask his IT returns of last 3 years plus CIBIL records of his, and his both parents. Sp let court come to know how much saving they have currently in their account and how much he earns through the ITR.
You are eligible to get 25-30% alimony of his net monthly salary. No matter whether you are earning women or not.

Advocate, Pune
13008 Answers
267 Consultations
File application under section 340 cr pc read with section 193 , 195 IPC against husband for making false statement on oath

Advocate, Mumbai
99776 Answers
8145 Consultations
1. This would have been called for by the opposite party, hence the court has called for the records permitting the opposite party's petition ion this regard, the attendance sought for may be to establish your employment details only after you have become a confirmed employee and not as a temporary employee.
2. Instead of filing any other petition towards his lies, you may file an enhancement petition to enhance the maintenance amount owing to the given facts about his enhanced income.
The lies what he told may not attract perjury because his parents income is not criteria for this case.

Advocate, Vellore
89978 Answers
2492 Consultations
Criminal proceeding may be initiated against ur husbamd by making an application u/s 340 Read with section 195 of CrPC 1973 before the criminal or civil court for giving false evidence..

Advocate, Hyderabad
19325 Answers
32 Consultations
when my ex divorced husband filed this 193, 195 ipc and it is still enquiry stage..my question is in the meantime if i get govt.job will it hamper my job prospect during police verification?
what actually judge want to know ? during my trial he unofficially knew my temporary job status but he did not bothered (such questions in cross they never asked.)
when my ex filed ipc 193.195.,
he asked for record of attendance after my permanancy ( i was permanant during argument stage).
after permanancy i never gave affidavit or any cross never happend. so my question is did i lie in this stage?
in upper court during appeal my advo told it is private school and i earn very less.
is it any kind of suppression of facts that i did not inform court regarding my permanancy? my ex husband also did not submit his pay slip and he also got promotion (sallary hike)..but he did not told this to court.
should i file same case that he hide those as well as he lied?
i want to what are the actual rate of outcome of these cases? can these be withdrawn? if i filled it what problem he will face ? he is already married now( both of them are in health sector). can i do rti ? despite court order he is not paying me for last 5 months.should i file execution petition?
Asked 5 years ago
You have to disclose pending case when you apply for govt job
2) it s suppression of material facts if you have not disclosed your employment
3) you should also file case against your husband
4) you can take out execution proceedings against husband

Advocate, Mumbai
99776 Answers
8145 Consultations
The pending court case will not appear in police records hence the police verification report will not contain any adverse report in this regard.
You are worried too much about the court order summoning the attendance, hence you better go through the orders passed by court in this regard to know the reason for this.
If you are confident that you have not suppressed any fact before court then don't be panicked over this development.
If he's not paid the maintenance then you may file an execution petition for recovery of pending dues.

Advocate, Vellore
89978 Answers
2492 Consultations
You can file application under 340 CrPC for submitting false information to obtain favorable order and same amounts to playing fraud on court.
NO effect on your job whether private or govt. You only submit your confirmation letter. From that date only you will consider permanent.
Affidavit is correct. You were not permanent at that time. If husband has not submitted his salary proof in court even after order of court than court will rely on your submission regarding his income.
No harm to you.
File execution petition. Man can be arrested for not paying maintenance to wife:

Advocate, Jaipur
23079 Answers
31 Consultations
You version given in your evidence is correct since you were temporary employee, as such, you did not disclose the same. It will not have adverse effect.
You have rightly admitted in upper court, no harm.
About your husband's false pleas and filing false affidavit on oath, you can file an application for Perjury against him more particularly, your in-laws admitted their position.
No it will not hamper.
Temporary job is not taken into consideration. You can file application for arrears of money.
The cases can continue to 5 to7 years, subject to work load of the concerned court.

Advocate, Hyderabad
2876 Answers
9 Consultations
You have chances to win. Yes you can file RTI. You can still pursue your case irrespective of the marriage. Yes you can file execution

Advocate, Mumbai
34514 Answers
249 Consultations
1. Temporary job is also a type of employment you should have disclosed the details of employment whether it was temporary or permanent.
2. You should submit the evidence that job was temporary and you got confirmed permanent job in 2018.
3. Yes The case can have adverse impact impact on your police verification.

Advocate, Rohtak
10686 Answers
7 Consultations
You can ask court to have his all salary records under RTI and apply for one time maintenance and you share with due respect the DIvorce order you have not got any financial support.

Advocate, Pune
13008 Answers
267 Consultations
regarding my 125crpc judgement order dated 12.08.2018 in add jm court.i was permanant from 01.08.2018 after mc pass resolution in 09.08.2018 and secretary signed and issue it in 10.08.2018( friday).
after they did criminal motion in upper court and they collected rti answer from school in june,2019 and submit it.my advo argued that i earn very less compare to ex husband and the private school can be closed any day as it is not a big school. upper court judge sent the said case 125crpc in remand and passed order on 22.07.2019 & opined that while considering the quantum of income the status of the parties are required to be looked into and providing maintenance is not bounty but responsibility of husband & until reinvestigation is done he has to give me the said money passed by lower court and that still not reopen.
then they filed suppression of material facts on ipc 193, 195 in the same add court. learned judge before making a case start enquiry and ordered in feb 2020 that a competent staff to present attendence register from 01.08.2018( permanancy date) to prove the rti answer they provided.
1.he asked from permanancy date. after permanancy date i never gave any affidavit or cross regarding non employment but i also did not provide any paper of job as the case was over then.
2.my advo argued in upper court though i earn but it is very less compare to him and despite permanant it can be close any day as it is not a big school.
4.my husband also did not provide pay slip despite he told he will and he got promotion in 12th july 2019, he did not produce those.
3.is this 193 and 195 maintainable? lower court judge knew my temporary job when in cross i told i am related with teaching profession.he asked unofficially regarding it.but during judgement he ignored that & my 498a case is going also in same court.but now he is going to be transferred where the same 193, 195 has filed by ex.
4. what judge actually want to know and do?
Asked 5 years ago
You have to counter attack
since your husband has made false statements on oath and during cross admitted that his income was 50 k you can file application under section 340 cr pc against husband before trial court

Advocate, Mumbai
99776 Answers
8145 Consultations
From your contents it can be seen that there's no offence particularly perjury committed by you because you have not suppressed the fact of your employment at the time of filing this case.
If you have been confirmed later on it can be considered as a subsequent development hence no crime is reported in this, therefore the case filed by may not be maintainable.

Advocate, Vellore
89978 Answers
2492 Consultations
Upper court judge sent the said case 125 crpc in remand and passed order on 22.07.2019 & opined that while considering the quantum of income the status of the parties are required to be looked into and providing maintenance is not bounty but responsibility of husband & until reinvestigation is done he has to give me the said money passed by lower court and that still not reopen.
You can stick to this order and ask to current judge that your husband had not aboyed the order and paid a single penny. So you should force to judge that its "contempt of court" that your husband is not obeying the court order.
Regarding about your point 2 and 3 let that be the applicant and defendant fight be going on.
Now what judge want I can't tell this what is running in his or her mind.
But I can suggest you to stick with obey previous order because you have already got divorced so just concentrate on alimony or one time maintenance. secondly he has done second ,marriage and fine with second married life.

Advocate, Pune
13008 Answers
267 Consultations
195 not maintainable and dont bother much. Even if you proved guilty, no conviction.
Not submitting payslip mean court will rely on your submission. Submit Adverse inference judgement that if document submitted it would have proved against him.

Advocate, Jaipur
23079 Answers
31 Consultations
So he didn't submitted pay slip.

Advocate, Jaipur
23079 Answers
31 Consultations
It's not maintainable in this case

Advocate, Mumbai
34514 Answers
249 Consultations
Upper court is correct in remanding it back to lower court. Yes it is the duty of husband to maintain wife, children and dependant parents.
1) You need not worry, you have not done any cheating / filed false affidavit.
2) He is correct.
4) He has to prove his income, non filing of proofs can have adverse effect on his case.
3) Both are independent, 193 & 195 he has to prove his case and on considering merits orders will be passed. You file your reply with supporting documents.
4) He is trying to check the veracity of your husband's case consider on merits comparing your proofs / case.
Hopefully, it will be in your favor

Advocate, Hyderabad
2876 Answers
9 Consultations
1. This can be in your favour that you have not given any evidence or cross examination was not happened after your job was confirmed as permanent.
2. Advocate arguing that school can close is not at all good as it have no merits.
3. Judge want to go through merits of the case.

Advocate, Rohtak
10686 Answers
7 Consultations
what is the time period of filling perjury/ case against him as per 193/195 ipc , 340 crpc regarding his contradiction in cross and effidavit in chief false statement. is it necessary for me to do rti and collect his sallary statement ? or anything else to do to file this case?plz enlight me in this things.
Asked 5 years ago
There is no time limit but you may have to file it within reasonable time especially it should not be inordinately delayed even after becoming aware of such an act by the opposite party
You can collect his salary details by filing a petition under section 91 cr.p.c. before the concerned court itself seeking direction to his employer to produce his salary certificate for a particular period or even the current period.

Advocate, Vellore
89978 Answers
2492 Consultations
You can file it simultaneously with your same case the magistrate will entertain the same and pass orders together

Advocate, Mumbai
34514 Answers
249 Consultations
Hi
Yes its important that you get his salary statements.
File 340 as soon as courts become functional.
Thanks

Advocate, Rohtak
5365 Answers
4 Consultations
Filing of a false affidavit in a proceedings pending before the Civil Court would amount to an offence falling under Section 193 IPC and proceedings would have to be initiated on a complaint in writing by that court.
2) File an application under section 340 cr pc read with section 193 , 195 within period of 3 years

Advocate, Mumbai
99776 Answers
8145 Consultations
3 years. Such information is barred under sec 8 of RTI act but there is ruling that spouce is entitle to know income of other partner. You can apply under RTi.

Advocate, Jaipur
23079 Answers
31 Consultations
my school is wb board recognised unaided school which is run by m.c( including society nominee, gurdian representatives, tr, principal,pie. d.i nominee,) .they had showcaused me as court called any competent staff to present attandence register regarding rti done by my ex husband and verbally they told to submit all my court paper, and want to take drastic action. and principal verbally told not to come from tomorrow and he didnot let me sign the register next day.
1. can they directly sack me or will they suspend me? is it a valid ground to sack me?
2. if they suspend me and give me chargesheet and in enquiry can they bring different charges just to sack me? and pressurize different teachers to tell against me? or they have to stick on same ground on which they have showcaused and suspended me?can they sack me on different ground after that( just to get rid off me)?
3. what will be my step then?
4.will they take permission from d.i office?
5.how many months they can suspend me if they do.
6.headmasters mannual will be followed in this case?
plz give me clarity in this.i am really worried about my job.
Asked 5 years ago
you should reply to show cause notice
2) they may suspend you pending completion of inquiry
3) you should contact a local lawyer conversant with labour laws in Kolkata

Advocate, Mumbai
99776 Answers
8145 Consultations
1. authorities cannot sack you directly not only for this reason but for any reason, they have to first issue a memo to you asking for explanation on the charges found against you and then they may have to suspend you, conduct an inquiry and on the basis of the recommendation made by the inquiry officer, they may take suitable action.
2. If they have given any reason for issuing memo and suspend you then they cannot mention a different reason for sacking you, it is illegal, they will become answerable to court of law if you file a suit against them for damages, reinstatement and violation of human rights.
3. You can approach high court with a writ petition seeking relief and remedy.
4. They may have to
5. Maximum six months.
6. It depends.

Advocate, Vellore
89978 Answers
2492 Consultations
Submit this in court that due to summoning attendance register, you were told not to come school and technically you convert non earning. And how come this possible that court ordered your husband to submit income proof and he refused or not honor court order. This not all possible?
Your job can be terminated as per terms of appointment letter and not all of sudden or not without payment towards notice period.
You submit this in court than court will pass strict direction to school management. And you can file contempt agsisnt school also.
No action outside show cause notice. This is private school, you can be terminated as per rules.

Advocate, Jaipur
23079 Answers
31 Consultations
Hi
1. If they sack you or suspend you for the reason that you are party in a family matter case then that would be illegal.
2. Their future steps cannot be predicted.
3. If they sack you, get a stay order against that.
4. It depends on their procedural rules.
5. Depends on bylaws of the Society
6. Almost all these questions depends on the rules and regulations of the society running the school. You can take shelter of court only after they take any inappropriate action against you. You will get stay order.
Thanks

Advocate, Rohtak
5365 Answers
4 Consultations
1.they can't sack you if they do it will be illegal.
2 . If they suspend you then you can challenge the same in court. They can't sack you on a fresh ground
3. Approach court of law and cancel suspension
4. They need to
5. There is no fix period but they need to expeditiously complete inquiry
6. Yes it has to be followed

Advocate, Mumbai
34514 Answers
249 Consultations
our school is legally not society controlled school.it is affiliated by wb board .there was a legal battle and hon. calcutta highcourt ordered that our school will be run by Mannaging Committee and announced the school is a non profitable organization and society can not take money from it.
now our MC is formed by 16 people( 3member of society, 6 guardian representatives, principal, Pie,3 Tr, 1 NonTr, d.i nominee,).due to political & other reasons guardian representatives became inactive. ex secretary(pie) who formed the m.c, resigned.
3 guardian representatives became disfuntional as their child gave board exam this year.in the meantime society captured the power and including their member in mc to gain majority.
they are harrasing those teachers who were with ex secretary.before me they have sacked vice principal
(verbally told not to come) who is a retired headmaster and recipient of presidential award.
they also stopped salary of another teacher, gave threat to another teacher .
ex secretary will approach court for the dissolution of mc as society is doing illegal work.
my question is only the society member ,principsl,and trs can be called m.c( actually 7 though later they included 2 society member without any meeting)?
pie, guardian representatives are with me..but due to political crisis they cannot do anything right now.
if still they sack/ suspend me, the mc right present will be legal?
Asked 5 years ago
It will be totally illegal as aforesaid mentioned

Advocate, Mumbai
34514 Answers
249 Consultations
Any intervention of society is violation of HC order. Complain to director of education and still no relief, file contempt agsisnt society members.

Advocate, Jaipur
23079 Answers
31 Consultations
Hi
They cannot sack you.
Get stay order if they do.
Take Care

Advocate, Rohtak
5365 Answers
4 Consultations
Managing committee meeting has to be called issue placed on agenda of MC meeting
it has to be passed with majority of votes
3) quorum for meeting is necessary for taking decisions
4) you can challenge decision taken in MC if not done as per bye laws

Advocate, Mumbai
99776 Answers
8145 Consultations
The MC cannot take a decision to sack any employee without following due procedures of law.
The MC has to seek the opinion of all the members of the society to take any decision including issuing a memorandum top the teacher asking for explanation or show cause notice and the suspension of service there after.
You have remedy and solution in law if at all they initiate any step arbitrarily without following the rules or law for this purpose.
You can drag them to high court with a writ petition seeking proper action, relief and remedy as per law.
You may note that they may not be able to defend their stand once you go to high court with a writ petition i this regard

Advocate, Vellore
89978 Answers
2492 Consultations
if my school sack me i will file the writ petition in high court. what will be my point in it? and if school says my ex filed the case and sent the notice ( as per it i lied)and court told the school to prove rti...what will be my ground to defend it in high court when the hearing of writ petition will be on.
Asked 5 years ago
Writ petition against private bodies not maintiananble until school run by govt aid.
You can file petition in educational tribunal and if school submit this reason to sack you. You will get immediate releif.
Terminating you due to court notice to provide information is worse defence and tribunal may pass order in your fovor.
Your ground of challege will base on cause of termination.

Advocate, Jaipur
23079 Answers
31 Consultations
That the same is illegally, frivolous and not Maintainable

Advocate, Mumbai
34514 Answers
249 Consultations
If school sacks you then you should take legal proceedings against the school management
take the plea that due process of law was not followed .
that termination was done in violation of principles of natural justice .

Advocate, Mumbai
99776 Answers
8145 Consultations
You need not to take or search answers for these points.
It the job of the lawyer you will hire.
And that lawyer will not work as per guidance of any other lawyer. So no use.
Still.
The only thing you have to prove is that you didn't lie.
Thats it. Your job records will prove that.
Get the records safe with you.
Thanks

Advocate, Rohtak
5365 Answers
4 Consultations
Your school authorities cannot mention that they sacked you because your ex had asked them to furnish your employment details, the court will take them into task.
They cannot give any reasons befor court if their reasons to sack you are not valid and legally recognizable.
You can clearly vent out your reasons for the grievances and the hardships you suffered due to the unmindful and unlawful action taken by the school to terminate your services.
The school may not be able to sack you if they come to know that you will proceed through high court with a writ petition for their action against you.

Advocate, Vellore
89978 Answers
2492 Consultations
my school principal showcaused me on 18.03.2020 & told to answer within 7 days or drastic action will be taken & verbally told not to come from next day & free from every duty. i went 19.03.2020 for a wriiten document that am free from every duty & need not to come but he refused to provide & didnot let me sign the register.then i answered on 23.03.2020 but due to lockdown school was closed, post office didnot took any order, so i booked through courier service, but it didnot reach due to lockdown.now i heard school is starting online classes through whatsapp group,where teacher& students are included but they didnot include my name despite am a class teacher & takes imp classes(7-12). i tried to contact higher authority previously through mediator & that time they told they will hear after 14th april but seems lockdown will continue. what should i do now? my school is not purely pvt school, it is wbbse,wbchse recognised unaided school run by M.C
(non profitable organisation as per calcutta high court).high court previously ordered school to frame rules, constitution to run (under court adminsitrator) but till date it is not framed, though socity has some bylaws but as per order they are not the owner ,only partial representatives of m.c. In my appointment letter the clause was given i can be terminated on basis of disciplinary action prior 3 months notice. does my ex husband's rti or courts order to present attendence registrar xerox means i violate discipline? plz help me in this. how should i proceed when everything is standstill.
Asked 5 years ago
Hi
After lockdown is over you file a complaint against the school in the affiliating authority like cbse or whatever.
File an application in court for temporary injunction against your verbal termination and not being included in the WhatsApp group for online classes.
Stay order(temporary injunction) can be achieved in the lockdown.
Thanks

Advocate, Rohtak
5365 Answers
4 Consultations
Complain to director of education. Till lock down is operative, courts are not taking routine cases. Later you can appeal to educational tribunal.
Give online complain and call to director of education.
No indiscipline committed by you. If you have email of principal. Email him that he has committed court contempt and you are inclined to file contempt petition agasint him.
Threat him straight away.

Advocate, Jaipur
23079 Answers
31 Consultations
Tell him to sustain your job or you will initiate legal action as to his cost and consequences.

Advocate, Jaipur
23079 Answers
31 Consultations
The action of your school authorities to terminate your services is illegal.
You can approach high court with a writ petition seeking the relief of reinstatement.
The school cannot take any action for the court notice served on them to furnish the details of the employee.
The school authorities are bound to obey the court orders.
The information sought by court with regard to your service particulars is not an act of violation of the school rules by you.
You demand the termination letter after which you can issue a legal notice to the school demanding your rights.
Whatever the case be, you have to wait until the current lock down is lifted.
The school authorities cannot escape the liability once the things return to normalcy and you file a case against them for their illegal acts against you.

Advocate, Vellore
89978 Answers
2492 Consultations
You wait till they take any legal action. If they have issued any memo you can take a stay for the said memo from said court

Advocate, Mumbai
34514 Answers
249 Consultations
You will have to wait till lock down is over
2) you can then submit reply to show cause notice that you have not violated any rules
3) if you are not allowed to join then take legal proceedings against school seeking your reinstatement

Advocate, Mumbai
99776 Answers
8145 Consultations
i had been recruited in 11-12th standard & school use my name,qualification certificate for renewal/ permission of a specific subject in 11-12 th standard to wb educational council/wbchse.( unaided recognised school) & i am a confirmed teacher. so for terminating/ suspending do they need to take permission from D.I/ council? as they forwarded their showcause letter to departmental nominee & in my answer i forwarded that as well, though it didnot reach. i didnot understood they are terminating verbally but refrain from writting? how the procedure of termination permission from DI & council occurs?
Asked 5 years ago
They cannot terminate you verbally
2) they have to follow due process of law
3) show cause notice , reply , grant a personal hearing then pass orders

Advocate, Mumbai
99776 Answers
8145 Consultations
Yes they need the affiliating authority permission to terminate you.
Ask for written termination and file and temporary injunction suit for having a stay over their decision of not including you in the online courses.
Thanks

Advocate, Rohtak
5365 Answers
4 Consultations
Verbal termination means this is only by principal and actual process not followed. You can raise issue before council.
Confirm joh termination requires due process to be followed as per rules.
Principal is acting out of personal grudge.

Advocate, Jaipur
23079 Answers
31 Consultations
they need to issue a memo and show cause notice which will require a say from your side and only after oppurtunity of hearing to you can issue show cause notice

Advocate, Mumbai
34514 Answers
249 Consultations
They cannot terminate a confirmed staff at their whims and fancies.
They have to follow the set of rules in this regard even if they purely private organisation.
In fact your school is coming under the district education authorities even for administrative purposes, they cannot take any such decision which is detrimental to the employee.
They have to formally conduct a departmental inquiry, issue a memo to you, seek your explanation, and after that they have to appoint an inquiry officer for submitting the report against you after which they may proceed with their predetermined action to terminate you.
However their decision can be challenged in court of law and you can get reinstated easily because the reason for terminating your services is very silly and not maintainable.
You can be fearless about it.
Let their action come in black and white after which you can your defence against their ill motivated actions.

Advocate, Vellore
89978 Answers
2492 Consultations
can school demand for my personal cases papers? or is it mandatory for me to submit all these to them or not submitting can be a ground?as per them they donot know anything regarding my personal judicial matter but for giving answer to rti they should have had it. my question is when my ex husband had asked for my job details they then & then gave it. but in 2nd rti ex husband asked for details of teachers& school( other than me). so for that they got angry (teacher representatives mainly who have personal grudge) & as per my knowledge they didnot satisfied them.then with a 3 rd letter court order passed on 29.08.2020 came & asked an competent staff to present attendence register. as per the TR because of me 50 teacher are getting into trouble .is it so?unaided affiliated school is bound to reply RTI? if so one teacher from january went to medical leave & school stopped his sallary & epfo.he had filed rti to school but school didnot answer but in my case they did. next is that teacher & ex secretary is sending legal notice to school regarding illegal act.i guess school thought i am with them due to my ex husbands' rti. thats why & due to personal grudges of TR they are doing it.principal is working on renewal temporary process,he is compelled by society& TR or they will sack them like the way they had sacked vice principal.he is puppet & desperate to save his job.
Asked 5 years ago
RTI would not be applicable to unaided school
2) since court has passed orders to direct staff to produce attendance register you have to furnish information sought by school

Advocate, Mumbai
99776 Answers
8145 Consultations
If they specifically ask you need to disclose otherwise it will be an offence of concealing the facts in future.

Advocate, Mumbai
34514 Answers
249 Consultations
No.
And unaided School dose not comes under RTI.
Teachers information cannot be obtain under RTI, third party information.
Unaided school dose not come under RTi, provision in RTi act.

Advocate, Jaipur
23079 Answers
31 Consultations
Your personal case papers have nothing to do with the school.
Go to High Court as i mentioned earlier.

Advocate, Rohtak
5365 Answers
4 Consultations
The school cannot demand your personal case papers because you have not filed any case against school, if at all they are interested to know what case is going on, let them engage an advocate to clarify the details.
They cannot blame you if the court is instructing them to furnish the requisite details before court, if at all they indulge in such activities you may issue a legal notice to the authority concerned to refrain from spreading false rumours against you.
You concentrate on your case alone, let them do anything, if you are aggrieved by their act then you may initiate appropriate legal action for relief and remedy against the authority.
You should not get diverted from your case, let the management whatever they feel like, you can take the support of law to tackle your case as suggested earlier

Advocate, Vellore
89978 Answers
2492 Consultations
RTI Act is not application to Unaided schools.
As the direction has come from Court to produce attendance details, the same has to be furnished.

Advocate, Hyderabad
2876 Answers
9 Consultations
can i send my principal a whatsapp message regarding non inclusion of my name as i donot know his email id.can i use it later for court evidence? do i have to do it in pdf format (no digital signature)or just normal message & screenshot? plz enlighten me.
Asked 5 years ago
You can do that but it's not required

Advocate, Mumbai
34514 Answers
249 Consultations
You can send what’s app message to principal
what’s app messages are admissible in evidence
not necessary to send it in pdf format

Advocate, Mumbai
99776 Answers
8145 Consultations
What message do you want to send to your principal?
Where your name was not included?
Dont do any such thing in haste, it may turn adverse to your efforts to get out of this mess.
Your such acts out of your anxiety may not be even considered as evidence in court, hence you may take proper legal steps instead of doing anything on your own and complicate the things more.
Better discuss your problem over phone with any advocate and get his advice before doing any such hasty things.

Advocate, Vellore
89978 Answers
2492 Consultations
You can send message but WhatsApp messages are not considered as evidence in the court.

Advocate, Rohtak
5365 Answers
4 Consultations
whatsApp/chat messages are not admissible as primary evidence in court of law.

Advocate, Hyderabad
19325 Answers
32 Consultations
Yes, you can send your message through "WhatsApp" to your Principal, and also you can take Message Information which reflects the status as to whether he read it along with time of delivery.
Yes WhatsApp message is admissible in evidence.
There is no need for you to send your message in PDF Format.

Advocate, Hyderabad
2876 Answers
9 Consultations
Temporary job is also a job. Most of the people earn by doing a temporary job. The question should be whether you earn a reasonable amount of money to support yourself or not. If not then you are entitled to maintenance.
You should file a case against your husband for perjury as he does earn above 50k.

Advocate, Lucknow
14114 Answers
65 Consultations
Lower court judge was only trying to ascertain whether you are still working or not. That is why a recent period register.

Advocate, Lucknow
14114 Answers
65 Consultations
File an application against him in the same court where your case is going on for perjury. You became permanent and that why a later period register was demanded.

Advocate, Lucknow
14114 Answers
65 Consultations
You should file a case of perjury against your husband as he too didn't tell the truth. You should have told the court that you earn although very little and hence are entitled to maintenance.

Advocate, Lucknow
14114 Answers
65 Consultations
you should file cases against him for suppressing facts. Of you are convicted in case of perjury filed against you then you may lose your government job.
For maintenance you should file execution application.

Advocate, Lucknow
14114 Answers
65 Consultations
File the case against him immediately. Yes a salary slip is necessary to prove that he did lie to the court.

Advocate, Lucknow
14114 Answers
65 Consultations
They cannot suspend you indefinitely. They would have to give you show cause then suspension letter snd then enquiry charge sheet etc. The procedure has to be followed. If you are convicted on the perjury case then only they may take any action and that too only when youa re convicted and jailed. Why are they taking action now i cannot understand.
The relevant rules of your board would be applicable.

Advocate, Lucknow
14114 Answers
65 Consultations
They cannot sack you without any reasons. You should file a writ petition in the high court in case they take any drastic action.

Advocate, Lucknow
14114 Answers
65 Consultations
Even if you lies they cannot suspend you unless you are convicted. Also they have to hold an enquiry and then only they can do anything.

Advocate, Lucknow
14114 Answers
65 Consultations
You should file a writ petition in the high court against the arbitrary and illegal decision of the school and ask the court to frame rules and procedures which haven't been made and codified yet which has given rise to the present situation.

Advocate, Lucknow
14114 Answers
65 Consultations
All the communication has to be in writing. They know they are wrong and that is why they are doing it like this.

Advocate, Lucknow
14114 Answers
65 Consultations
It is necessary to file a writ petition in your case otherwise ymi don't think that they would listen to you. As you have already said that the officials are puppets.

Advocate, Lucknow
14114 Answers
65 Consultations
Yes you should send a WhatsApp message to the relevant authorities whose no. You have. If they do not respond write a letter to the administration ie education department.

Advocate, Lucknow
14114 Answers
65 Consultations