(1) On receipt of a complaint or an adverse reports of facts of a serious nature, the Committee of Management may in the cases of teachers appoint the Head of the Institution or the Manager as the enquiry officer (or the manager may himself setup the enquiry if such power has been delegated to him by the Committee of Management under rules), and in the case of the head of the institution a small sub-committee shall be constituted with instructions to submit the report as expeditiously as possible.
In case of Group-C employees, the head of the institution shall appoint a senior teacher as an enquiry officer.
(2) The grounds on which it is proposed to take action shall be reduced in the form of a definite charge or charges which shall be communicated to the employee charged and which shall be so clear and precise as to give sufficient indication to the charged employee of the facts and circumstances against him. He shall be required within three weeks of the receipt of the charge-sheet to put in a written statement of his defence and to state whether he desires to be heard in person If he or the enquiring authority so desires, an oral enquiry shall be held in respect of such of the allegations as are not admitted. At that enquiry such oral evidence shall be heard as the enquiring authority considers necessary. The person charged shall be entitled to cross-examine the witnesses, to give evidence in person and to have such witnesses called as he may wish; provided that the enquiring authority conducting the enquiry may, for sufficient reasons to be recorded in writing, refuse to call a witness the proceedings shall contain a sufficient record of the evidence and statement of the findings and the grounds thereof. The enquiring authority conducting the enquiry may also, separately from these proceedings make his own recommendation regarding the punishment to be imposed on such employee.
(3) Sub regulation (2) shall not apply where the person concerned has absconded, or where it is for other reasons impracticable to communicate him.
(4) All of any of the provisions of sub regulation (1) may for sufficient reasons to be recorded in writing be waived where there is difficulty is observing exactly the requirement thereof and those requirements can in the opinion of the enquiring authority be waived without injustice to the person charged.
47. Soon after the report of the proceedings and recommendations of the enquiry authority are received the Committee of Management after notice to employee meet to consider the report of the proceedings and recommendation made and take decision in the case. The employee shall be allowed, if he so desires, to appear before the Committee of Management in person to State his case and answer any question that may be put to him by any member present at the meeting. The Committee of Management shall then send a complete report together with all connected papers to the Regional Deputy Inspector of Sanskrit Schools for action proposed by it.
48. The report regarding the suspension of the head of the institution or of the teacher under regulation-47 to be submitted to the Regional Joint Director of Education shall contain the following particulars and be accompanied by the following documents:-
(a) The name of the person suspended along with particulars of the posts (including grades) held by him since the date of his original appointment till the time of suspension including particulars as to the nature of tenure held at the time of suspension i.e. temporary, permanent or officiating;
(b) a certified copy of the report on the basis of which such person was last confirmed or allowed to cross efficiency bar, whichever is later;
(c) details of all the charges on the basis of which such person was suspended;
(d) certified copy of the complaints, reports and enquiry reports, if any, of the enquiring officer on the basis of which such person was suspended;
(e) certified copy of the resolution of the Committee of Management suspending such person;
(f) certified copy of the order of suspension issued to such person;
(g) In case such person was suspended previously also, details of the charges on which and the period for which he was suspended on previous occasion accompanied by certified copies of the orders on the basis of which he was reinstated.