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State of Bihar - Section

Section 10 in Bihar State Non Government Recognised Sanskrit School (up to Madhyama Standard) Non-teaching staff Service Conditions Rules, 2015

10. Disciplinary Action.

(1)The Committee shall be competent to take disciplinary action and award major or minor punishment to any non-teaching staff.But before imposing punishment the employee shall be given proper opportunity for explanation regarding his case.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 which will he final.
(2)The Committee may impose to any person including person under probation following punishment:-
(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 for his conduct.
(4)Before imposing major punishment of any kind fully described charge sheet shall be prepared by the President and Secretary of the Committee 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 Rule 10 (iv) 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.
(6)No Non-teaching Staff shall be suspended for more than 03 months without consent of the Chairman/Secretary, Bihar Sanskrit Shiksha Board, Patna. 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 opportunity to be heard on request of the person concerned may decide specifically under para 10(ii) to impose major punishment or discharge from the allegations specified. In case of discharge from the allegations the period of suspension will be treated as the period of work done 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 Committee will specifically decide whether period of suspension will be treated as period of work done or not.
(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 aggrived with the decision of the Board or Chairman 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.