(1) A teaching or a non teaching staff of an aided private school shall be liable for disciplinary action for violation of any of the provisions of the Code of Conduct prescribed in rule 35 or for any other act which constitutes unbecoming of a teaching or a non-teaching staff and shall be imposed with one or more of the following penalties, namely:-
(a) Minor penalties-,
(i) fine;
(ii) censure;
(iii) withholding of increment with or without cumulative effect ;
(iv) recovery from pay the whole or part of the pecuniary loss caused to the Government or to the school by negligence or breach of orders;
(b) Major penalties-,
(i) reduction in rank;
12 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(ii) compulsory retirement;
(iii) removal from service;
(iv) dismissal from service:
Provided that in the absence of specific and adequate reasons to the contrary to be mentioned in the order of the disciplinary authority, no penalty other than those specified in sub-clauses (ii) to (iv) of clause (b) above shall be imposed for any established charge of corruption.
Explanation.- The following shall not amount to penalty within the meaning of this clause:-
(i) compulsory retirement of the staff by the competent authority at any time after he has attained the age of fifty years (fifty five years in the case of basic servants) or after he has completed thirty years of qualifying service, as the case may be, if in the opinion of the competent authority it is necessary to do so in the public interest:
Provided that no order shall be made under this sub-clause, without giving the staff a notice of not less than three months in writing or three months pay and allowances in lieu of such notice;
(ii) discharge of the staff appointed in a short term officiating vacancy caused due to grant of leave;
(iii) termination of the services of the staff under an agreement in accordance with the terms of such agreement.
(2) The authority competent to impose the penalty specified in sub-rule(1) shall be the school committee.
(3) No minor penalty shall be imposed on the delinquent staff unless he has been given a reasonable opportunity of making a representation.
(4) In every case where the school committee proposes to impose any major penalty on the delinquent staff, the following procedure shall be followed:-
(a) the disciplinary authority shall frame definite charge on the basis of the allegation on which the inquiry is proposed to be held and a copy of the charge together with the statement of the allegation on which they are based shall be furnished to the person charged and he shall be required to submit within such time as may be specified by the disciplinary authority, but in any case not later than a period of thirty days, a written statement of defence and also to state whether he desires an oral inquiry or to be heard in person;
(b) if an oral inquiry is desired by the person charged, the school committee shall appoint an inquiry officer who shall be not below the rank of the person charged to conduct the inquiry. At that inquiry, oral evidences may be heard as to such of those allegations as are not admitted and the person charged shall be entitled to cross examine the witnesses, to give evidences in person and to call for such witnesses as he may wish, provided that the inquiry officer may for special and valid reasons to be recorded in writing, refuse to call a witness. At the conclusion of the inquiry, the inquiry officer shall prepare a report of the inquiry regarding his findings on each of the charge together with the reasons therefor;
(c) the school committee shall consider the report of the inquiry officer and record its findings on each charge and if the school committee is of the opinion that any of the major penalties should be imposed, it shall-,
(i) furnish to the person charged a copy of the report of the inquiry officer, where an inquiry has been made by such officer;
(ii) give the person charged a notice in writing stating the action proposed to be taken and call upon him to submit within a time specified, in any case not exceeding two weeks, such representation as he may wish to make, against the proposed action;
(d) on receipt of the representation, if any, made by the person charged, the school committee after considering the same, shall pass final orders in the disciplinary proceedings and communicate the same to the delinquent staff. In any case, the final orders in the disciplinary proceedings shall be issued not later than the period of six months. The school committee shall intimate the same to the Block Educational Officer and the District Educational Officer (Elementary) in respect of Pre-Primary, Primary and Middle Schools, the District Educational Officer (Elementary) of Chennai district in respect of Anglo-Indian Schools and the Chief Educational Officer in respect of High and Higher Secondary Schools and the Principal, the District Institute of Education and Training in respect of Teacher Training Institute.
30. Suspension of a staff of an aided private school -.
(1) The appointing authority may place a staff under suspension,-
(a) on a charge of misconduct; or
(b) against whom an enquiry into grave charges is contemplated or is pending; or
(c) against whom a complaint of criminal offence is under investigation or trial and if such suspension is necessary in the public interest.
(2) A staff of an aided private school shall be deemed to have been suspended with effect from the date of his detention, if he is detained in custody whether on a criminal charge or otherwise, for a period exceeding forty eight hours.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 13
(3) Whenever a staff is placed under suspension, the school committee shall, immediately on the date of issue of the order placing him under suspension, communicate a copy of the order to the authority who is competent to approve the disciplinary action taken by the school committee.
(4) The staff who has been placed under suspension shall be paid every month from the date of suspension, subsistence allowance at an amount equal to one half of the pay which he was drawing immediately preceding the date on which he was placed under suspension and the admissible dearness allowance and other allowances:
Provided that where the period of suspension continues beyond six months, the school committee shall be solely responsible for the payment of subsistence allowance.
(5) Where the person suspended has been exonerated after the conclusion of the disciplinary proceedings or where any criminal prosecution instituted against such person has ended in honourable acquittal, the school committee shall,-
(a) revoke the suspension and reinstate the person immediately and communicate a copy of the order of reinstatement to the authority competent to approve the disciplinary action;
(b) pay such staff, the full pay and allowances which he was drawing immediately preceding the date of suspension less the amount of subsistence allowance already paid to him for the period of suspension.