(1) Where after the inquiry referred to in section 3, it is proposed to impose the penalty of reduction in rank, the 3[employee]shall be given a reasonable opportunity of making representation on the penalty proposed to be imposed and no order of reduction in rank shall be passed unless such an opportunity has been given.
(2) 3[An employee] against whom an order of reduction in rank is passed, may within the prescribed period and in the prescribed manner, file an appeal to the 4[16[Educational Tribunal] and it may], after examining the record and giving to the parties an opportunity of being heard, set aside the order of reduction in rank, if the same is found to be mala fide or by way of victimisation or not warranted by the facts and circumstances of the case.
6. The provisions of sections 3, 4 and 5 shall not apply -
(i) to the termination of service of any 3[employee] who is appointed for a temporary period only;
(ii) tothe termination of service of any 3[employee] appointed on probation, during or at the end of the period of probation, on account of his work or conduct being unsatisfactory; [and]
(iii) to 3[anemployee] who is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge.
5[(iv) ***] 1Substituted for words “under sub-section 2 may file an appeal to the District Judge who may” by Punjab Act No. 6 of 1983, Section 4 2Substituted for words “College Tribunal” by Punjab Act No. 11 of 2008, Section 2 3Substituted for words “teacher” and “A teacher”, respectively, by Punjab Act No. 25 of 1975, Section 6 4Substituted for words “District Judge and the District Judge may” by Punjab Act No. 6 of 1983, Section 5 5Omitted by Punjab Act No. 6 of 2022, Section 3 Procedure to be observed before reduction in rank.
Sections 3, 4 and 5 not to apply in certain cases.