Withholding salary without any notice
I am Bursar of a government college. My Principal (Dr. Baikunth Pandey) has always pressurized me to do unethical financial dealings, and when I didn’t give him favours, he took a stern action against me by withholding my salary for the months of March and April, 2015. Though he withheld my salary, I, being in the Bursar's seat, let the salary be sent to the bank (on 12.06.2015) because I didn't want other staff to suffer. I sent him a letter on 15.06.2015 requesting him to explain the reasons for withholding my salary without citing any reason. But he hasn't replied till date.
Though the Principal didn’t mention any reason for withholding my salary, I strongly feel that it was an action to ‘teach me a lesson’, which I was apprehending since long, and I had informed the Registrar’s office about it too. The Principal has been quoted saying that he will make me kneel to his demands if I don’t give my consent for the payments that he wants to be made without following any proper procedure. That when I didn’t allow payments like these, the Principal began pressurizing me and even threatened in his passing comments saying that ‘bahot tez ban rahe hain bursar. Chaar gawaah kharaa kar denge ke ghuus maang rahe hain is liye bill pass nahin kar rahe hain tab kya karenge’... that is what he did. He is torturing and tormenting me; and till date, even the University hasn't taken cognizance of this matter.
It has badly affected me and my family life. My wife had to undergo an urgent surgery because she was so shocked hearing this bad news that she fell down and got hurt. It is the month of Ramadan and we are passing through the worst phase of my service life.
Asked 2 years ago in Criminal Law from Gopalganj, Bihar
1. If you have proofs of his financial irregularities then lodge complaint with police.
2. Principal has no authority to withhold your salary.
3. Write letters to governing body of the college asking for release of your salary. If they refuse to do so then file writ petition in high court. Without disciplinary proceedings no penalty action can be taken against the employee.
1. Try to collect audio/vedio of his illegal demand on you for releasing your pending salary,
2. Lodge a police complaint for threatening you and forcing you to do illegal things by withholding your salary illegally,
3. Send him a legal notice marking a copy there of to the Registrar of the university and also its VC calling upon him to release your pemnding salary within 7 days thereof,
4. If you do not get the pending salary within the said period, file a writ petition before the Hogh Court against the illegal act of the principal.
Nobody or the employer can stop the salary of the employee without any reason but just to fulfill his bad intentions
If the matter is not resolved, it can be represented to University registrar in writing with a copy to the principle.
If there is no action from the registrar then you may issue legal notice demanding your salary to be paid immediately.
1. To begin with, you should issue a lawyer's notice to the principal seeking the release of your salary. If better sense does not prevail on him after the notice from your lawyer you will be at liberty to knock at the doors of the court to have your salary released.
2. Delay in sending the notice can work against you in the court.
Thank you so much for the suggestions.
I have papers to prove that the Principal is forcing me to give my favourable consent for the payments that haven't been properly channelized. I have documents to prove that he has tried to divert the government fund which has been disapproved by me. I can prove that the Principal works with vindictive intentions. I can also prove that the principal is trying to frame false charges of bribery against me!
I have reported these matters in writing to the university authorities. Should I wait for the university's responses or should I go ahead for legal proceedings?
Asked 2 years ago
1. Do not wait as the response may never come, or by the time it comes your right to initiate the legal proceedings may be foreclosed.
2. Issue a lawyer's notice and set the process in motion.
Give a reminder and then fo for legal proceeding.
The mater cited in your further reply/question should be put on hold for for a stipulated period, if you dnt proper reply or no response at all then you may resort to legal action against the erring principal properly. Salary is your right because it is earned and withholding it without any valid reason will be depriving your fundamental rights which is protected by our constitution.
1. Wait for some time to enable to University to act,
2. If you do not find the result, file the W.P. as suggested in my earlier post.