• 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 1 year ago in Criminal Law from Gopalganj, Bihar
Religion: Muslim
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.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
12137 Answers
233 Consultations
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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.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Give a reminder and then fo for legal proceeding.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12137 Answers
233 Consultations
5.0 on 5.0

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