Dear Sir,
I work in a PSU iron mine. For the purpose of education of children of employees and neighbouring villagers we are running a school.
Recently, we came to know that the Headmaster of the school was involved in a crime involving murder in the year 1992. As on date we could not find any documents whether the case was closed or not. Also the employee could not submit any document in support of that he was acquitted.
Now we are considering that, this type of employee should not be incharge of education of children and thinking of transferring to any other post without causing him any financial loss.
Can we do that ?
From India, Calcutta
1I work in a PSU iron mine. For the purpose of education of children of employees and neighbouring villagers we are running a school.
Recently, we came to know that the Headmaster of the school was involved in a crime involving murder in the year 1992. As on date we could not find any documents whether the case was closed or not. Also the employee could not submit any document in support of that he was acquitted.
Now we are considering that, this type of employee should not be incharge of education of children and thinking of transferring to any other post without causing him any financial loss.
Can we do that ?
From India, Calcutta
Dear Baishali Amit,
For how many years you are running this school? When principal joined this school? At the time of joining, did you obtain declaration from him stating that there is no criminal case pending against him? How did you come to know that he was involved in the criminal case? On the strength of this information, did you ask him to submit affidavit stating that his hands are clean?
What is his role in the crime? Is he the principal accused or accomplice in the crime? If criminal case is going on against him, then whether as principal accused or accomplice, has he been released on bail? Does he attend the court hearing? It is almost 25 years, allegedly he has committed the crime but then why the court case is dragging still?
If court finds him guilty then only you can say that he was involved in crime of moral turpitude. On what grounds you have made conclusion that he is criminal.
If it is proved that he is involved in the criminal activity then the only option left with you is termination from services. What is the logic of transferring him to another place so that he does not suffer from any financial loss. Why you would like to sympathise or empathise with allegedly criminal?
Indian jurisprudence says that nobody is guilty it is proved. Exactly taking advantage of this dogma, about third of MPs or MLAs of many assemblies have won elections though serious criminal cases are pending against them. One third MLAs of a very political party which is newbie in the Indian politics, whose clean politics was major plank, who talked lot about corruption, had declared to Election Commission about pending criminal cases against them. So the facility that constitution provides, why you would like to deprive it from from a Head Master of a school located at obscure and nondescript place?
Thanks,
Dinesh Divekar
From India, Bangalore
For how many years you are running this school? When principal joined this school? At the time of joining, did you obtain declaration from him stating that there is no criminal case pending against him? How did you come to know that he was involved in the criminal case? On the strength of this information, did you ask him to submit affidavit stating that his hands are clean?
What is his role in the crime? Is he the principal accused or accomplice in the crime? If criminal case is going on against him, then whether as principal accused or accomplice, has he been released on bail? Does he attend the court hearing? It is almost 25 years, allegedly he has committed the crime but then why the court case is dragging still?
If court finds him guilty then only you can say that he was involved in crime of moral turpitude. On what grounds you have made conclusion that he is criminal.
If it is proved that he is involved in the criminal activity then the only option left with you is termination from services. What is the logic of transferring him to another place so that he does not suffer from any financial loss. Why you would like to sympathise or empathise with allegedly criminal?
Indian jurisprudence says that nobody is guilty it is proved. Exactly taking advantage of this dogma, about third of MPs or MLAs of many assemblies have won elections though serious criminal cases are pending against them. One third MLAs of a very political party which is newbie in the Indian politics, whose clean politics was major plank, who talked lot about corruption, had declared to Election Commission about pending criminal cases against them. So the facility that constitution provides, why you would like to deprive it from from a Head Master of a school located at obscure and nondescript place?
Thanks,
Dinesh Divekar
From India, Bangalore
Sir,
Thanks. The answer to the query are as follows:
1.The school came up in the year 1979 but we took over it in 1991. The Headmaster had joined in 1980 when the school was under different body. The crime took place in 1992 after his joining so declaration at the time of joining is not valid.
2. On receipt of complain we searched the old records and found it to be true. Why no action was not taken in 1992 by us, is not known.
3. Currently we had asked him about the status of the case, but he could not submit any document which shows the case is closed. We has also communicated with concerned Police Station but reply will take some time.
4. From the old documents it appears that he along with two other had beaten a person who died later due to his injuries. He was released on bail and resumed duty in school in 1992.
5. The Headmaster is going to superannuate in December 16 so we don't want to initiate any disciplinary action at the end of his service so want to transfer him.
Sir, these are the information I have.
From India, Calcutta
Thanks. The answer to the query are as follows:
1.The school came up in the year 1979 but we took over it in 1991. The Headmaster had joined in 1980 when the school was under different body. The crime took place in 1992 after his joining so declaration at the time of joining is not valid.
2. On receipt of complain we searched the old records and found it to be true. Why no action was not taken in 1992 by us, is not known.
3. Currently we had asked him about the status of the case, but he could not submit any document which shows the case is closed. We has also communicated with concerned Police Station but reply will take some time.
4. From the old documents it appears that he along with two other had beaten a person who died later due to his injuries. He was released on bail and resumed duty in school in 1992.
5. The Headmaster is going to superannuate in December 16 so we don't want to initiate any disciplinary action at the end of his service so want to transfer him.
Sir, these are the information I have.
From India, Calcutta
Dear Baishali Amit,
The head master has been working in the school for the quarter century and his superannuation is just three months away. Now at the fag end of his career, why you want to rake up his alleged crime? Let the three months pass on and let him retire peacefully. Transfer to some other city certainly cannot be a punishment for a crime like murder. No purpose will be solved by this transfer. Do you think that his displacement, when he is on the verge of retirement, would be better than a stick in the eye?
Thanks,
Dinesh Divekar
From India, Bangalore
The head master has been working in the school for the quarter century and his superannuation is just three months away. Now at the fag end of his career, why you want to rake up his alleged crime? Let the three months pass on and let him retire peacefully. Transfer to some other city certainly cannot be a punishment for a crime like murder. No purpose will be solved by this transfer. Do you think that his displacement, when he is on the verge of retirement, would be better than a stick in the eye?
Thanks,
Dinesh Divekar
From India, Bangalore
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