(1) The services oÌ an employee appointed temporarily for six months, may be terminated by the management at any timne after giving at lcast onc month's notice or one month's salary in lieu thereof. Temporary employee, who wishes to resign shall also give atleast one month's notice in advance or in lieu thereof deposit or surrender one month's salary to the managemernt.
(2) An employee, other than the employee referred to in sub-rule (1), may be removed or dismissed from service on the grounds of insubordination, Inetficiency, neglect of duty, misconduct or any other grounds which makes the employee unsuitable for further retention in service. But the following procedure shall be adopted for the removal or dismissal of an employee ;
(a) A preliminary enquiry shall be held on the allegations coming into or brought to the notice of the management against the employee;
(b) On the basis of the findings of the preliminary enquiy report, a charge sheet alongwith statement of allegations shall be issued to the employee and he shall be asked to submit his reply within areasonable time;
(c) After having pursued the preliminary enquiry report and thereply submitted by the employee, if any, if the managingcommittee is of the opinion that a detailed enquiry is requiredto be conducted, a three member committee shall beconstituted by it in which a nominee of the Director ofEducation shall also be included;
(d) During the enquiry by such enquiry committee the employeeshall be given a reasonable opportunity of being heard and todefend himself by means of written statement as well as byleading evidence, if any;
(e) The enquiry committee, after completion of the detailed enquiry,shall submit its report to the management committee;
(9) If the managing committee, having regard to the findings of theenquiry committee on the charges, is of the opinión that theemployee should be removed or dismissed from service, itshall
(i) furnish to the employee a copy of the report of the enquiry committee, R. 39 Raj. Non-Govt. Educational Institutions Rules, 1993
(i) give him a notice stating the penalty of removal or dismissal and call upon him to submit within a specified time such representation as he may wish to make on the proposed penalty;
112
(g) In every case, the records of the enquiry together with a copy oi notice given under sub-clause (0 (ii) above and the representation made in response to such notice if any, shall be forwarded by the managing commnittee to the Director of Education or an officer by authorised him in this behalf, for approval;
(h) On receipt of the approval as mentioned in sub-clause (g) above, the managing committee may issue appropriate order of removal or dismissal as the case may be and forward a copy of such order to the employee concerned and also to the Director of Education or the officer authorised by him in this behalf :
apply
Provided that the provisions of this rule shall not () to an employee who is removed or dismissed on the ground of conduct which led to his conviction on a criminal charge, or (iü) where it is not practicable or expedient to give that employee an opportunity of showing cause, the consent of the Director of Education has been obtained in writing before the action is taken, or
(i) where the managing committee is of unanimous opinion that, the services of an employee can nt be continued without prejudice to the interest of the institution, the services of such employee are terminated after giving him six months notice or salary in lieu thereof and the consent of the Director of Education is obtained in writing.
2) G4-fH () Af aHarê r sî-Gi, ae Hq , ray - yrya hHG :
4. 17(52) fTET-5/91, fei
13.11.1997 (urya: 28) |
03.08.1999 (urya: 82) | 113 Raj. Non-Govt. Educational Institutions Rules, 1993 R.39 fa - qRyA HHG:4. 1747) reT-5/93, fia : 09.07.1998 (ufya: 57)I (ü) GqT yfrgA# 09.07.1998 GelfT 3ate 30 f¢ TTT R 60 fT T< feio 08,03.1999 (4frYA: 72) l R. 40 Raj. Non-Govt. Educational Institutions Rules, 1993 COMMENTS 114 Appointment for fixed period not proved-Services of teacher terminated-Non-compliance of the Rules-Appointment was for fixed term, not proved Termination of services rightly held illegal by the Tribunal and order of reinstating the respondent teacher is justified-Petition dismissed.
Shri Sanatan Dharm Balika Sr. Sec. School, Srigangangar Vs. Raj. Non Govt. Educational Inst., Tribunal & Ors., 2009 WLC (Raj.) UC 219 Departmental enquiry against the teacher of unaided educational institution,- Single Judge admitted the writ but not granted stay - Special appeal - Charges are not of serious nature and order of dismissal is not proper - Held, No illegality in the order. Management Committee, Shri Mahaveer Digamber Jain Balika Sr. Secondary School, Jaipur && Anr.
Vs. Smt. Pratibha Agrawal [D.B.], 2016(3) WLC (Raj.) 125 Removal from service on the ground of misconduct -Tribunal set aside the order for non-supplying the copy of the statements of departmental witnesses - Respondent deprived from effective cross-examination - No grave charges- Held, Order of Tribunal is upheld. Jain Shiksha Samiti Vs. Hem Chand Sharma & Ors. (D.B.]), 2015 WLC (Raj.) UC 752 (ufya: 14) |
40. Appal,- (1) If the managing committee is aggrieved the order of refusal made by the Director of Education under sub-rule (2) of Rule 39, it may prefer yR4A H5 : 4. 10(12) freT-5/93, feies 20.05,1997 115 Raj. Non-Govt. Educational Institutions Rules, 1993 an appcal to the State Government within 90 days of the date of receint o such order.
(2) An cmployce aggricved from an order of the managing Committee made under sub-rule (2) of Rule 39 may prefer an appeal to the State Government within 90 days of the date of receipt of such order.
Rr.41-43