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One of our old girl student parent gave complaint that from past three months they are receiving wrong messages from phone no belongs to one of our out sourcingstaff. When I enquired him, he was reckless and was blaming the girl. When I enquired staff they gave positive report regarding girls behaviour in school. During this process, parents came to school to attack on him. He just kept letter and without informing me he left school. Parents gave written complaint on him . Hence after writing resolution from signatures of staff I submitted parents letter and our resolution copy to our deo madam. As a result he got terminated from his duty. He kept grudge on me that I am responsible for loosing his job so he wants to irritate me, so raised fault alligation in which I was made scapegoat and was got suspended. I provided all documents of defence to our higher authority. In the next attack he gave me three options one is as I am responsible for loosing s job I have to pay three lakhs or should get him job or should give clean cheat on him I refused to do so. He send rti to get complaint letter of parent and resolution letter on which staff signed which was submitted to deo office. With this he want to go to court to get his job back. He called our staff and threatening all of them abusing me in vulgure language. Is there option to give parents letter and resolution copy which can put the married girl and staff in to trouble. How can we stop his nuisance. How can we complaint inndisha police station
 Please guide us we are unable to do work peacefully
Asked 5 years ago in Criminal Law
Religion: Hindu

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15 Answers

Dear Sir/Madam,

For every threat/abuse, the complaint is to be given to women police station and also caveat may be filed in the court to defend his case. When he files the case, the same is required to be defended strongly.   

 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

File police complaint against accused  for criminal intimidation under section 506 of IPC 

 

if police refuse to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report 

 

Ajay Sethi
Advocate, Mumbai
99803 Answers
8147 Consultations

1. See in case he applies for the copy of complaint letter and resolution letter being a party to complaint he has right to receive same. You don't have to fear him you may contest any matter if he go to court. In case you are legally right and he was in default then you don't have to panic on it. 

Further in case he is threatening and intimidating then a complaint before police can he filed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

- As per law, an employer can terminate its employee , if found guilty of wilful insubordination or disobedience; theft, fraud, or dishonesty; wilful damage to or loss of employer’s goods; partaking of bribes or any illegal acts and gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work.

- Further , an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice. 

- Further, Section 66A of the IT Act, prohibits the sending of offensive messages though a communication device, i.e. through an mobile etc 

- This covers, offensive messages of a menacing character, or a message that the sender knows to be false but is sent for the purpose of ‘causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.

- The person who booked under Section 66A could face up to 3 years of imprisonment along with a fine.

- Since, the said staff has been terminated from the job after following the due process of law i.e after writing resolution , and on the complaint of parents of the said girl , hence the said termination is legal 

- The threatening and blackmailing in the garb of loosing job is against the law ,and amounts to an offence 

- Collect . all the evidence against that person , like massages, calls etc and lodge a complaint before the police and higher official under the offence of 

- If, police not registered your complaint , then you should approach the higher official of police department under section 66 of I.T.Act ,and section 503/506 of IPC . 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15816 Answers
242 Consultations

Firstly,lodged a first information report against them for threaten in concern police station.. Also moved an application before higher authority for their manifest and erratic act..

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Why don`t you all file police complaint agasint him of criminal intimidation and threat/blackmailing. He will get no relief from court. You should approach court to reinstate you.

Is this a private school or public. If private than RTI act dose not apply. In case, he done anyhtign which may harmed the girl, girl or parents can file FIR. serious charges and will be arrested. 

Better complain to police. Record his threat, will use as proof.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. Don't worry.  The ex staff dismissed from your office has no legal remedy against you.  You acted purely in your official capacity and hence you cannot be held accountable for loss of job.

2. If this continues then do lodge complaints with local police and inform the staff that if he doesn't stop this then these acts would be informed to the employer where he rejoins.

These should take care of the situation. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You need to file a detailed complaint against him for the same with the local police station. If not taken action then you need to file criminal complaint before magistrate

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Copy of that letter have to be given under RTI.

You should file a police complaint against him for threatening you. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If there is a provision to provide the desired information sought to be furnished through RTI Act, it cannot be denied.

Whether married girl or unmarried, they have to find their own source to defend their interests.

If he approaches court with the in formation he procured through RTI act, you can challenge the same on merits.

You cannot go to police station against him for this.

You can give a personal complaint against him if he threatens you or criminally intimidates you.

 

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

He was terminated because of his illegal and inappropriate behaviour. The decision was taken after consultation of othwr members. The decision might be wrong  and he can be reinstated but one cannot be suspended unless malafides can be pointwd out in your decision. How did you get suspended?

Anyways let him appeal the termination. If you still think you are right then oppose him.

Meanwhile lodge a complaint against him immediately.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. If he wants to go to court then let him go. You can contest his case if and when he files it.

2. File a complaint against him and get a FIR registered under Section 506 IPC for criminal intimidation if he is threatening you and your staff.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

So far as your problem is concerned you have to take the police help increase it is a private organisation that is not covered in right to information then this document will not be provided however in case it is covered in right to information then department of education will provide the company of the documents as for the closer to RTI.

FOR YOUR PROTECTION IT IS ALWAYS GOOD TO GO TO THE POLICE AND FILE A COMPLAINT AGAINST HIM AND IN CASE YOU HAVE THE COPIES OF THOSE DOCUMENTS CAN YOU HAVE TO TRY COPIES OF DOCUMENTS TO THE POLICE IN YOUR SUPPORT

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1-What status do you have in your organization?

2-What is the status of your organization Private or Public?

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. You cannot stop him from obtaining letters submitted to DEO office as it will be his right to defend him the case.

2. You can make a police complaint against him for harassment and blackmailing.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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