Disciplinary powers of educational agency over teachers of private colleges

Disciplinary powers of educational agency over teachers of private colleges .-

1. (1) The educational agency may at any time place a teacher of a private college under suspension when any disciplinary proceeding is proposed to be taken against him or when such disciplinary proceedings are pending.
2. (2) A teacher of a private college who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours, shall be deemed to have been suspended with effect from the date of detention by an order of the educational agency and shall remain under suspension until further orders.
3. (3) When a teacher of a private college is suspended for a period exceeding fifteen days, the matter, together with the reasons for the suspension, shall be reported to the Vice-Chancellor.
4. (4) Any disciplinary proceedings against a teacher of a private college by the educational agency shall be completed within a period of three months or within such further period as may be allowed by the Vice-Chancellor.
5. (5) No disciplinary action shall be taken against a teacher without giving him a reasonable opportunity of showing cause against the action proposed to be taken against him.
6. (6) Any teacher aggrieved by an order imposing on him any of the following penalties, namely:-
   • (a) withholding of increment,
   • (b) recovery from pay of any pecuniary loss caused to the institution of the monetary value equivalent to the amount of increment ordered to be withheld;
   • (c) reduction to a lower rank in seniority list or to a lower grade or post;
   • (d) removal from service;
   • (e) compulsory retirement from service; or
   • (f) dismissal from service, may, within sixty days from the date on which a copy of such order is served on him, appeal to the Appellate Tribunal on any one or more of the following grounds, namely:-
     • (i) that there is want of good faith in passing the order,
     • (ii) that the order is intended to victimize the appellant;
     • (iii) that, in passing the order, the educational agency has been guilty of a basic error or violation of the principles of natural justice; or
     • (iv) that the order is not based on any material or is perverse; Provided that the Appellate Tribunal may admit an appeal presented after the expiration of the said period of sixty days if it is satisfied that the appellant had sufficient cause for not presenting the appeal within the said period.
7. (7) On receipt of an appeal under sub-section (6), the Appellate Tribunal may, after giving the parties an opportunity of being heard, and after such further inquiry as may be necessary, pass such order thereon as it may deem fit, including an order of reinstatement of the teacher concerned.
8. (8) Any order passed by the Appellate Tribunal under sub-section (7), may be executed through the Subordinate Judge's Court having jurisdiction over the area in which the private college is situated, as if it were a decree passed by that Court.
9. (9) Any person who objects to an order passed by the Appellate Tribunal under sub-section
10. (7) may, within sixty days from the date on which a copy of such order is served on him, prefer a petition accompanied by court fee stamps of the value of ten rupees, to the High Court on the ground that the Appellate Tribunal has either decided erroneously or failed to decide any question of law.
11. (10) The provisions of section 5 of the Limitation Act, 1963 (Central Act 36 of 1963), shall be applicable to any proceedings under sub-section (9).
12. (11) The High Court shall, after giving the parties an opportunity of being heard, pass such order on the petition, as it deems fit.
13. (12) Where the High Court passes any order under sub-section (11), the Appellate Tribunal shall amend the order passed by it in conformity with the order of the High Court.