(1) The managing committee shall be competent to impose penalties specified in rule 27.
Provided that in case of employees working in aided posts, the managing committee shall obtain the prior approval of the Director, Pre-University Education for imposing any of the penalties on any employee.
(2) A managing committee shall be competent to initiate disciplinary proceedings against its employees in accordance with these rules. However, the Director shall be competent to initiate a disciplinary enquiry and impose punishment on any employee of a private aided Pre- University college whose salary grants are released by the Government, on the grounds of misappropriation or mis-utilisation of Government funds or on charges of examination malpractice. The Director is also competent to initiate domestic enquiry against employees whenever the managing committee gives up the right in favour of the Director in accordance with the Pre-University Course State Level Examination Rules, 1997.
(3) In all the disciplinary proceedings, the Director shall be competent to appoint the enquiry officer either suo-motu if the enquiry is ordered by him under sub-rule (2) or on a proposal by a managing committee if the charges are framed by the managing committee.
(4) Where the enquiry is ordered by the Director suo-motu, then the enquiry officer shall be a serving Government servant. If the enquiry is proposed by the managing committee then the enquiry officer may be a serving or retired Government servant or a legal practitioner. If a retired government servant or a legal practitioner is appointed as the enquiry officer, then the managing committee shall deposit an amount of Rs.2,000/- with the Director and the same shall be payable to the person appointed as enquiry officer upon completion of the enquiry and submission of the report to the Director.
(5) The Director shall take a decision on the report if the enquiry is ordered by him or send the report to the managing committee for a decision if the enquiry had been sought by the managing committee. An appeal shall lie on the said decision to the Education Appellate Tribunal.