Section 13 in Bihar State Non Government Recognised Sanskrit School (up to Madhyama Standard) Teacher Service Conditions Rules, 2015
13. Disciplinary Action.
(1)The Committee will be competent to take disciplinary action and awarding major or minor punishment to any teacher.(2)The Committee may impose any of following punishments to any person including person under probation -(a)Minor Punishment - Admonition/Censor(b)Major Punishment -(i)Reduction in rank(ii)Removal from service(iii)Dismissal(3)The Committee may provide an opportunity for giving due written explanation to the person concerned in respect of his conduct and in that matter decision of Committee will be final.(4)Before imposing major punishment of any kind, fully described charge sheet shall be prepared by the Headmaster in case of assistant teacher and by the Chairman and Secretary of the Committee in case of Headmaster and the Committee shall take decision by resolution. The charge so framed shall be specific and all relevant facts shall be mentioned therein so that it must be easy to understand to the person concerned about the charges levelled against him. Where Prima facie allegation is very serious and the Committee feels that:-(a)It shall be undesirable in view of the discipline and common interest of the school to keep such a person in the service of the school, or(b)The person concerned may tamper or distort the school records or may create other damages to the property or accessories of the school, then the Committee may decide to suspend such a person by Special Resolution.(5)The person on whom proceeding initiated shall be given in writing about the allegation labelled against him within one week of suspension under sub rule 11(4) and he shall have to give explanation within 15 days from the date of receipt of Charge sheet. The meeting of the Committee shall be called for within 15 days from the date of receipt of explanation and for this notice of 10 days shall be sent to every member by register post or by special messenger. The quorum of the meeting will be completed by two third members of the present total number of members. If the headmaster or teacher in the Committee or the representative himself is connected with the allegation then he shall not appear in the meeting.(6)No headmaster/teacher shall be suspended for more than 03 months without consent of the Chairman/Secretary, Bihar Sanskrit Shiksha Board, Patna. In case of headmaster no suspension order shall apply without the permission of the Chairman, Bihar Sanskrit Shiksha Board. During period of suspension he shall get subsistence allowance which shall be the half of his monthly salary and Dearness allowance.(7)The Committee, after due consideration on explanation and giving an opportunity to be heard and on request of the person concerned may decide to impose any major punishment specified under rule 13 discharge from the allegations. In case of discharge from the allegations, the period of suspension will be treated as the period on duty and full salary and allowance of the said period shall be given. If the Committee, decides to impose any punishment under major punishment then the suspension period will not be treated as period on duty.(8)All the records and speaking order of the proceeding shall be sent to the Bihar Sanskrit Shiksha Board before actual execution of such punishment in all the cases in which the Committee decides to impose any punishment out of major punishment. The person aggrieved by the decision of the Committee may prefer an appeal within 60 days before the Chairman, Bihar Sanskrit Shiksha Board and the Chairman, Bihar Sanskrit Shiksha Board after hearing all the parties shall deliver his decision and if any person aggrieved with the decision of the Board or Chairman of the Board he may prefer an appeal within 60 (Sixty) days before the Special Director, Secondary Education and the Special Director after giving full opportunity to hear the aggrieved and concerned person shall deliver his decision.
