• Affidavit asked to be rpvoded towards demonitisetion

Respected Lawyers,

A bank accepted money as late fee payment for a branch of School on 16-Nov-2016. The School seems to have received some inquiry which I am unaware of and therfore now as a safety measure issued Show cause notice to all clersk handling school fees to admit they wilfully committed this misconduct and ahve asked to make a affidavit in a court . IF not done so, they may ask these clerks to resign. In my case, I have not collected or deposited any money form any parent. The parent themselves deposited the money 2000/- in School bank account . Ideally what i understand is 

1) The Bank should have not accepted the money and should have asked for a authority letter.

2) The School Head of Accounts should have intimated all branches and should have intimated all banks to not accept any cash deposits. 

Now, I have a question is that if  I make a affidavit i am supporting which I have not at all done. Secondly if at ll i make this affidavit , will it go against me in future in any of the background checks ? i ahve been given a 48 hours notice period failing to not replying will indicate that I have done this misconduct and negligence. and  stand responsible towards it.  
Kindly provide you esteemed advise which will be a great support . Thanks in advance,
Asked 12 days ago in Labour from Mumbai, Maharashtra
In reply to show cause notice take the plea that you have not accepted any money from any parent hence question of admitting your mistake does not arise 

2) refuse to submit your resignation 

3)in any case schools are authorised to  collect fees in the banned notes at present and question of misconduct does not arise 

4) even if you give any such affidavit it would not go against you 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
1. The Bank has committed no irregularity and there was no requirement to seek authority letter at all.
2.They could have intimated though but there is no wrong if the parents deposits any late payment fees ,more so, if that is permissible. Only if the late payment fees is not permissible then only acceptance of such fees is crime.

There is however no need to make affidavit. You can simply instruct the concerned department to refund this excess money to all those persons who have made such payment. Inform the higher authorities as well on this misconduct.That is enough,
Making of affidavit would make you rather complicit to the crime,if any.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
If you execute an affidavit to admit what you have not done then you will make yourself liable to termination and also possible penal action. This is also likely to have a bearing on your career prospects. If the school terminates you then you can always challenge the termination or look for brighter prospects with another employer, but the affidavit will have long term adverse consequences for you.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
You can give a reply to the explanation called for from you narrating the entire events that took place.

If need be you may even give an affidavit on this line stating that you are not aware of such transactions which was done directly by the parents hence you may be absolved from the observation made against you and also to probe into the issue properly and close the case agaisnt you. 

Thus you have to give a satisfactory reply instead of complying with false affidavits due to pressure.

They cannot terminate your services, this will be a case agaisnt them invoking labor laws and they are answerable to law as well as liable for the consequences. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1) since amount involved is only Rs 1000  and that amount has been deposited by parent directly in school bank account you are not to be blamed 

2) if management insists give the affidavit . you must safeguard your job 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
The non committal affidavit and also an explanation letter show causing the observations made against you shall be a safe passage to you.

Better take more precautions in the words that are being used so that they do not backfire  in case the management is planning to take blanket cover action to save their skin in any such incidence that may arise in future. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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