79. Dismissal, removal or reduction in rank or suspension, etc., of employees of private institutions: -
(1)No teacher or member of the non-teaching staff employed in any private institution (hereinafter in this Chapter referred to as the employee') shall be dismissed, removed or reduced in rank except after an enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges:[Provided that no order of dismissal, removal or reduction in rank shall be passed under this sub-section against an employee other than an employee of a minority educational institution without the prior approval of such authority or Officer as may be prescribed for different classes of private institutions;Provided further that the management may prefer an appeal against any order of the Officer or authority refusing approval under this sub-section to such authority or officer and within such period as may be prescribed] [Substituted by Act No. 27 of 1987, w.e.f. 1-6-1987.].(2)An inquiry under sub-section (1) shall be completed within a period of two months from the date of communication of charges against the employee.(3)(a)No employee shall be placed under suspension except when an inquiry into the gross misconduct of such employee is contemplated.(b)No such suspension shall remain in force for more than a period of two months from the date of suspension and if such inquiry is not started and completed within that period, such employee shall, without prejudice to the inquiry, be deemed to have been restored as employee:Provided that the competent authority may, for reasons to be recorded in writing, extend the said period of two months for a further period not exceeding two months, if in the opinion of such competent authority the inquiry could not be completed within the said period of two months for reasons directly attributable to such employee.(4)Every such employee as is placed under suspension under sub-section (3) shall be paid subsistence allowance at such rates as may be prescribed during the period of his suspension.(5)Before imposing any penalty, other than the penalties specified in subsection (1), an employee shall be informed in writing of the allegations on which action is proposed to be taken and be given an opportunity of making a representation, but it shall not be necessary to hold an oral inquiry into such allegations.
