Can We Transfer a School Headmaster Involved in a Past Crime Without Legal Proof?

I work in a PSU iron mine. For the purpose of educating the children of employees and neighboring villagers, we are running a school. Recently, we came to know that the Headmaster of the school was involved in a crime, specifically a murder in the year 1992. As of today, we have not been able to find any documents indicating whether the case was closed or not. Additionally, the employee has not been able to provide any supporting documents to prove that he was acquitted.

Now, we are considering that an employee involved in such a crime should not be in charge of educating children. We are contemplating transferring him to another position without causing any financial loss to him. Can we do that?

For how many years have you been running this school? When did the principal join this school? At the time of his joining, did you obtain a declaration from him stating that there are no criminal cases pending against him? How did you come to know that he was involved in a criminal case? Based on this information, did you ask him to submit an affidavit stating that his hands are clean?

What is his role in the crime? Is he the principal accused or an accomplice in the crime? If a criminal case is ongoing against him, has he been released on bail, whether as the principal accused or accomplice? Does he attend the court hearings? It has been almost 25 years since the alleged crime took place, so why is the court case still dragging on?

Only if the court finds him guilty can you say that he was involved in a crime of moral turpitude. On what grounds have you concluded that he is a criminal?

If it is proven that he is involved in criminal activity, the only option left for you is termination from services. What is the logic behind transferring him to another place so that he does not suffer any financial loss? Why would you like to sympathize or empathize with an alleged criminal?

Indian jurisprudence states that nobody is guilty until proven so. Taking advantage of this doctrine, about a third of MPs or MLAs in many assemblies have won elections even though serious criminal cases are pending against them. A third of the MLAs from a very new political party in Indian politics, which touted clean politics as a major platform and spoke extensively about corruption, declared to the Election Commission about pending criminal cases against them. So, why would you want to deprive the Head Master of a school located in an obscure and nondescript place of the facilities that the constitution provides?

Thanks,

Dinesh Divekar

Thank you for your response. Please find below the answers to your queries:

1. The school was established in 1979, and we assumed control in 1991. The Headmaster was appointed in 1980 when the school was under different management. The incident in question occurred in 1992, after his appointment, hence any disclosure made at the time of his joining is no longer valid.

2. Upon receiving the complaint, we conducted a search of the old records and verified its accuracy. The reason why no action was taken in 1992 remains unknown to us.

3. We have recently inquired with him regarding the status of the case; however, he was unable to provide any documentation indicating its closure. Furthermore, we have reached out to the relevant Police Station for information, but we anticipate a delayed response.

4. Based on the historical documents, it appears that he, along with two others, assaulted an individual who subsequently passed away due to the injuries sustained. He was granted bail and resumed his duties at the school in 1992.

5. As the Headmaster is set to retire on December 16, we prefer not to pursue disciplinary measures towards the end of his tenure and instead plan to transfer him.

These are the details I have at this time.

Consideration of the Headmaster's Past Allegations

The headmaster has been working in the school for a quarter of a century, and his superannuation is just three months away. Now, at the fag end of his career, why do you want to bring up his alleged crime? Let the three months pass, and let him retire peacefully. A transfer to another city certainly cannot be a punishment for a crime like murder. This transfer will not serve any purpose. Do you think that displacing him, when he is on the verge of retirement, would be better than a stick in the eye?

Thanks,

Dinesh Divekar