Legal Question in Administrative Law in India

I am a professor in medical field and have secured a job abroad. Owing to time constraints I am not able to give one month\'s notice as per my appointment order. Initially I called up the college admin and said that I wish to resign and give a month\'s notice, but am unable to attend college during the notice period as my father was seriously ill and would be with him. In response I have got a letter from Dean stating that I have to return to complete the notice period, collect no dues from all relevant depts and only then can be relieved. The letter also stated that If I do not do so then I shall be declared absconding and complaints would be lodged in various departments as I being an HOD, lot of costly equipments are under my charge.

In response now I have submitted my resignation with IMMIDIATE EFFECT by registered post and have also attached a demand draft equivalent to my one month\'s salary in lieu of the notice period.I have also sent a copy of my resignation and the DD to the dental council of India.

My querries are:

1) Is this a correct action?

2) Can the college administration still harass me by framing fraudulant charges?

3) What can I do now to prevent myself from such harassment?


Asked on 3/27/13, 12:42 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

27.03.2013

Dear Sir / Madam,

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1. No. This is not a correct line of action and is done in careless haste. You ought to have informed your new employers that you are required to serve the month's notice period, and that you can only join them thereafter. Your new employers would have accepted this requirement. The College may simply choose not to encash the demand draft you sent them.

2. Yes. Since you will have quit without a proper handover of charge, the College can level charges against you for misappropriation of property.

3. You will have to serve the one month's notice period, handover proper charge to the next in line, and get a proper service certificate from the College prior to joining your new employers overseas.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/27/13, 4:26 am


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