Section Text
(1) Subject to such rules as may be made in this behalf no teacher or other employee of a private educational institution shall be dismissed, removed or reduced in rank except,-
(a) in accordance with the conditions of service governing him;
(b) after an inquiry, in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of the said charges, and where it is proposed after such inquiry to impose on him such penalty, it may impose such penalty, on the basis of the evidence adduced during such inquiry:
Provided that this sub-section shall not apply to temporary employees or to the dismissal, removal or reduction in rank of a teacher or other employee on the ground of misconduct which has led to his conviction on a criminal charge involving moral turpitude.
(2) No order imposing any penalty other than those referred to in sub-section (1) shall be passed except after,-
(a) the teacher or employee is informed in writing of the proposal to take action against him and of the allegation on which it is proposed to be taken and given an opportunity to make any representation which he may wish to make; and
(b) such representation, if any, is taken into consideration.
(3) (a) A teacher or other employee may be placed under suspension by the managing committee,-
(i) where disciplinary proceeding against him is contemplated or is pending; or
(ii) where a case against him in respect of any criminal offence is under investigation or trial.
(b) No such suspension shall remain in force for more than six months:
Provided that if the enquiry is not completed within the period of six months, the secretary shall report the matter to the competent authority, who may permit extension of the period of suspension beyond six months, if he is satisfied that the enquiry could not be so completed due to circumstances beyond the control of the Governing Council.
(c) the Managing Committee placing an employee under suspension shall forthwith report to the competent authority the circumstances in which the order was made.
(d) Subject to such rules as may be prescribed, every employee placed under suspension under this section shall be entitled to such subsistence allowance as may be prescribed.