Section 115 in The Delhi School Education Rules, 1973
115. Suspension.
(1)Subject to the provision of sub-sections (4) and (5) of section 8, the managing committee may place an employee of a recognised private school, whether aided or not, under suspension:-(a)where a disciplinary proceeding against such employee is contemplated or pending; or(b)where a case against him in respect of any criminal offence is under investigation or trial; or(c)where he is charged with embezzlement; or(d)where he is charged with cruelty towards any student or other employee of the school; or(e)where he is charged with misbehaviour towards any parent, guardian, student or employee of the school; or(f)where he is charged with the breach of any other code of conduct.(2)No order for suspension shall remain in force for more than six months unless the managing committee, for reasons to be recorded by it is writing, directs the continuation of the suspension beyond the period of six months:Provided that where a suspension is continued beyond a period of six months, the Director may, if he is of opinion that the suspension is being unreasonably prolonged, revoke the order of suspension.(3)An employee of a recognised private school, whether aided or not, shall be deemed to have been placed under suspension by an order of the appointing authority:(a)with effect from the date of his detention, if he is detained in custody for a period exceeding forty-eight hours on a charge of an offence which in the opinion of the managing committee involves moral turpitude;(b)with effect from the date of his conviction, if in the event of a conviction for an offence involving, in the opinion of the managing committee, moral turpitude, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired from service consequent on such conviction.Explanation. - The period of forty-eight hours referred to in this rule shall be computed from the commencement of detention or conviction, as the case may be, and for this purpose, intermittent periods of detention shall be taken into account.(4)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee is set aside or rendered void, in consequence of or by, a decision of a court of law or of the Tribunal; and the disciplinary authority on a consideration of the circumstances of the case decides to hold further inquiry against such employee on the same allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, such employee shall be deemed to have been placed under suspension by the managing committee from the date of original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders:Provided that no such further enquiry shall be ordered unless it is intended to meet a situation where the court has passed an order purely on technical grounds without going into the merits of the case.(5)(a)An order of suspension made or deeded to have been made in these rules shall continue to remain in force until it is modified or revoked by the managing committee or the Director.(b)Where an employee is suspended or is deemed to have been suspended and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the managing committee may for reasons lo be recorded by it in writing, direct that the employee shall continue to be under suspension until the termination of all or any such proceeding.(c)An order of suspension made of deemed to have been made under these rules may, at any time be modified or revoked by the managing committee or in the case of an aided school, by the Director.
