80. Appeal against orders of punishment imposed on employees of private institutions: -
(1)Any employee who is dismissed, removed or reduced in rank may prefer an appeal against the order to the competent authority within thirty days of the receipt of order by him.(2)The competent authority shall not interfere with the order appealed against unless the order is vitiated on any one or more of the following grounds namely,-(a)that there is no material to substantiate the charge or charges framed against the employee ; or(b)that the authority who passed the order acted with bias or mala fides ; or(c)that the order is perverse or arbitrary ; or(d)that no reasonable opportunity has been afforded to the employee to prove his innocence :Provided that the competent authority shall not pass any order prejudicial to the management unless an opportunity of making a representation is given.(3)The competent authority may, after giving notice to the management of the private institution, pass such interim orders as it deems fit, pending disposal of the appeal under sub-section (2), if it is satisfied that the employee has made out a prima facie case for interference.(4)In respect of an order imposing any penalty as laid down in sub-section (5) of Section 79 an appeal shall lie to the District Educational Officer having jurisdiction and in respect of such appeals the order appealed against shall not be set aside except on the grounds specified in sub-section (2).Explanation: - For the removal of doubts, it is hereby declared that , the provisions of this section shall apply to any order imposing any penalty made on or after the date of the commencement of this Act in any disciplinary proceeding which was pending on that date.
