Section 39 in Uttaranchal School Education Act, 2006
39. Conditions of service of Head of Institutions, teachers and other employees.
(1)Every person employed in a recognized institution shall be governed by such conditions of service as may be prescribed by Regulations and any agreement between the managements and such employee in so far as it is inconsistent with the provisions of this Act or with the Regulations shall be void.(2)Without prejudice to the generality of the powers conferred by sub-section (1), the Regulations may provide for-(a)the period of probation the conditions of confirmation and the procedure and conditions for promotion and punishment, [including suspension pending or in contemplation of inquiry or during the pendency of investigation, inquiry Or trial; in any criminal case for an offence involving moral turpitude] and the emoluments for the period of suspension and termination of service with notice;(b)the scale of pay and payment of salaries;(c)transfer of service from one recognized institution to another; .(d)grant of leave and Provident FUnd and other benefits, and(e)maintenance of record of work and service.(3)(a)No Principal, Headmaster or teacher may be discharged or removed or dismissed from service or reduced in rank, or subjected to any diminution emoluments, or served with notice of termination of service except with the.prior approval in writing of the District Education Officer. The decision of the District Education Officer shall be communicated within the period to be prescribed by regulations.(b)The District Education Officer may approve or disapprove or reduce or enhance the punishment or approve or disapprove of the notice for termination of service proposed by the management :Provided that in the cases of punishment, before passing orders, District Education Officer shall .give an opportunity to the Principal, the Headmaster or the teacher to show cause within a fortnight of the receipt of the notice why the proposed punishment should not be inflicted.(c)Any party may prefer an appeal to the Regional Additional Director, Education, against an order of the District Education Officer under Clause (b), within one month from the date of communication of the order to that party, and the Regional Additional Director may, after such further enquiry, if any, as he considers necessary, confirm, set aside or modify the order, and the order passed by the Regional Additional Director shall, be final. In the case the order under appeal was passed by the very person holding the office of Regional Additional Director while acting as District Education Officer, the appeal shall be transferred by the order of the Director to some other Regional Additional Director for decision, and the provisions of this clause shall apply, in relation to decision by that other Regional Additional Director as if the appeal had been preferred to himself.(4)An order made or decision given by the competent authority under subsection (3) shall not be questioned in any Court and the parties concerned shall be bound to execute the directions; contained in the order or decision within the period that may be specified therein.(5)No Head of Institution or teacher shall be suspended by the Management, unless in the opinion of the Management-(a)the charges against him are serious enough to merit his dismissal, removal or reductions in rank; or(b)his continuance in office is likely to hamper or prejudice the conduct of disciplinary proceedings against him; or(c)any criminal case for an offence involving moral turpitude against him is under investigation, inquiry or trial.(6)Where any Head of Institution or teacher is suspended by the Committee of Management, it shall be reported to the District Education Officer within seven days from the date of the order of suspension and the report shall contain such particulars as may be prescribed and accompanied by.all relevant documents.(7)No such order of suspenSion shall, unless approved by the District Edition Officer, shall remain in force for more than sixty days from 'the date of such order, and the order of the District Education Officer shall be final, and shall not 'be questioned in any court.(8)If, at any time, the District Education Officer is satisfied that Disciplinary proceedings against the Head of Institution or teacher are being delayed, for no fault of the Head of Institution or the teacher, the District Education OffiCer may, after affording opportunity to the Management to make representation revoke an order of suspension passed under this section.(9)A person will not be eligible for appointment in an Institution, if such.teacher was related to any member of the Committee of Management or the Principal or Headmaster of the institution concerned.Explanation. - For the purpose of this sub-section, a person shall be deemed to be related to another if-(a)they are members of a Hindu undivided family; or(b)they are husband and wife; or(c)the one is related to the, other in the manner indicated in the Second Schedule.
