(1) Subject to any rule that may be made in this behalf, no teacher employed in any private educational institution shall be dismissed, removed or reduced in rank nor shall his appointment be otherwise terminated, except with the prior approval of the competent authority:
Provided that if any educational management, agency or institution contravenes the provisions of this sub-section, the teachers affected shall be deemed to be in service.
(2) Where the proposal to dismiss, remove or reduce in rank or otherwise terminate the appointment of any teacher employed in any private educational institution is communicated to the competent authority that authority shall, if it is satisfied that there are adequate and reasonable grounds for such proposal, approve such dismissal, removal, reduction in rank or termination of appointment.
(3) (a) No teacher employed in any private educational institution shall be placed under suspension, except when an inquiry into the gross misconduct of such teacher is contemplated.
(b) No such suspension shall remain in force for more than a period of two months from the date of suspension and if such inquiry is not completed within that period, such teacher shall, without prejudice to the inquiry, be deemed to have been restored as teacher:
Provided that the competent authority may, for reasons to be recorded in writing, extend the said period of two months, for a further period not exceeding two months, if, in the opinion of such competent authority, the inquiry could not be completed within the said period of two months for reasons directly attributable to such teacher.
(4) Every such teacher as is placed under suspension under sub-section
(3) shall be paid subsistence allowances at such rates as may be prescribed during the period of his suspension.
4. Appeal against orders of punishment imposed on teachers employed in private educational institutions - Any teacher employed in any private educational institution-
(a) who is dismissed, removed or reduced in rank or whose appointment is otherwise terminated; or
(b) whose pay or allowances or any of whose conditions of service are altered or interpreted to his disadvantage, by any order;
may prefer an appeal against the order to such authority or officer as may be prescribed; and different authorities or officers may be prescribed for different classes of private educational institutions.
4
Explanation- In this section, the expression ‘order’ includes any order made on or after the date of the commencement of this Act in any disciplinary proceedings which was pending on that date.
5. Special provision regarding appeal in certain past disciplinary cases –
(1) If, before the date of the commencement of this Act, any teacher employed in any private educational institution has been dismissed or removed or reduced in rank or his appointment has been otherwise terminated and any appeal preferred before that date –
(a) by him against such dismissal or removal or reduction in rank or termination; or
(b) by him or the educational agency against any order made before that date in the appeal referred to in clause (a);
is pending on that date, such appeal shall stand transferred to the appellate authority prescribed under section 4.
(2) If any such appeal as is referred to in sub-section (1) has been disposed of before the date of the commencement of this Act, the order made in any such appeal shall be deemed to be an order made under this Act and shall have effect accordingly.