Kindly Advise defence against false and fabricated
I am working in a reputed school of Delhi and have been issued charge sheet by my employer as a revengeful act on false, fabricated, unfounded and frivolous grounds. Employer became vindictive as I had made complaints against my employer to the regulatory authorities regarding injustice done to me by violating prescribed rules.
Disciplinary inquiry is going on against me by DAC (Principal being one of the members of DAC). Kindly advise defence.
Charge 1. I let students to enter the basement store room to issue them magazines, which is prohibited.
Background: Keys of the store is in possession of 3 employees including me, only I have been issued charge sheet. Procedure of magazine distribution is same for the last 15 years. My colleague started to distribute magazines 1 hour prior to my arrival and I continued the process in the same manner, I have been issued charge sheet but my colleague is not. There are total 8 rooms in the basement including store, prior to this incident entry of the students to all these 8 rooms was never restricted/questioned. Entry to 7 basement rooms is still being made frequently by students. There was/is no restricted area board displayed; no office order, no circular and nowhere else mentioned that entry to store is prohibited.
Kindly advise line of defence for me.
Charge 2: It is alleged/imputed that I used my mobile phone to take pictures of store room of the students lifting heavy cartoons of magazines. It is also alleged that I circulated those pictures by using email id of my wife to an outsider (Ex employee) and it is apparently admitted by my employer that this outsider(Ex. Employee) circulated those pictures to various regulatory authority, for which school was issued notice/explanation.
Background: I have denied all the charges none of the Email ids belong to me, my mobile is in my custody. I have not given any written admission.
None of the above charges mentioned in the code of conduct. There is no complainant. Show cause was issued in July 2016 and charge sheet on 02-01-2017, prescribed time limit has also elapsed, Disciplinary inquiry has just started. Seems time barred also. DAC should comprise 5 members; there are only 4, charge sheet not issued by chairman rather principal. Charges are not listed as major charges, still inquiry.
How do I defend myself, kindly advice? more
Disciplinary inquiry is going on against me by DAC (Principal being one of the members of DAC). Kindly advise defence.
Charge 1. I let students to enter the basement store room to issue them magazines, which is prohibited.
Background: Keys of the store is in possession of 3 employees including me, only I have been issued charge sheet. Procedure of magazine distribution is same for the last 15 years. My colleague started to distribute magazines 1 hour prior to my arrival and I continued the process in the same manner, I have been issued charge sheet but my colleague is not. There are total 8 rooms in the basement including store, prior to this incident entry of the students to all these 8 rooms was never restricted/questioned. Entry to 7 basement rooms is still being made frequently by students. There was/is no restricted area board displayed; no office order, no circular and nowhere else mentioned that entry to store is prohibited.
Kindly advise line of defence for me.
Charge 2: It is alleged/imputed that I used my mobile phone to take pictures of store room of the students lifting heavy cartoons of magazines. It is also alleged that I circulated those pictures by using email id of my wife to an outsider (Ex employee) and it is apparently admitted by my employer that this outsider(Ex. Employee) circulated those pictures to various regulatory authority, for which school was issued notice/explanation.
Background: I have denied all the charges none of the Email ids belong to me, my mobile is in my custody. I have not given any written admission.
None of the above charges mentioned in the code of conduct. There is no complainant. Show cause was issued in July 2016 and charge sheet on 02-01-2017, prescribed time limit has also elapsed, Disciplinary inquiry has just started. Seems time barred also. DAC should comprise 5 members; there are only 4, charge sheet not issued by chairman rather principal. Charges are not listed as major charges, still inquiry.
How do I defend myself, kindly advice? more
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To me these dont appear to be CHARGES for which an enquiry needs to be conducted. But the very fact that the school management chose to go this way should be enough to make you vigilant. All the best to you to unmask the evils more
Sep 06
You are not obliged to make any statement or answer any question of the enquiry office, but all witnesses have to give their statements in your presence. You can cross examine them to bring out any thing false stated or in variance with other witnesses . In case witness is suppressing any fact that is helpful to you, you may ask his clarification. Demand certified copy of the daily proceedings from the Inquiry officer so that he cannot do any tampering subsequently after the evidence has been recorded in your presence. Let the entire enquiry proceed and be completed. Review the entire evidence and then in consultation with your lawyer or legal friend give suitable reply. Above all use your own common sense because such day to day guidance cannot be provided through e media. more
Aug 13
Good Reasoning,You might also be a lawyer. more
Aug 16
You have said above that "none of the Email ids belong to me" but you have not stated anything about E:Mail Id of your wife which is stated in Chargesheet against you. Will you please explain about this ? more
Aug 13
Mr. Rasik Dagli, I have completely denied thrice in writing using Email id of anyone to send those pictures. If my wife Email Id has been used, how can it be proved that it has been used by me. more
Aug 16
Please make it clear whether you have used email ID of your wife or not? If not say that you have not used her mail Id. more
Aug 16
There are very less chances to get verdict in your favor. But the line of defense seems to be correct subject to the supporting to substantiate your say. Advisable, be prepare for the next step. So also change is the Job as victimization will continue even after present episode. more
Aug 13
Charges are minor, in actual do not qualify for inquiry, I am giving a hard fight to a big school. Now the time has come to teach some of the teachers. Thanks for your post sir. more
Aug 15
