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State of Gujarat - Section

Section 24 in Gujarat Primary Education Act, 1947

24. Powers of Administrative Officers over school board staff.

(1)The Administrative Officer shall have power, subject to such general instructions, as may be issued from time1, 'to time by the Director, to promote, transfer and take all disciplinary action (including removal or dismissal) against the staff maintained under Section 20.
(2)Any person aggrieved by an order of dismissal, removal, reduction or any other order involving disciplinary action made under sub-section (1), may submit an appeal to a tribunal consisting of the chairman of the school board and the [Educational Inspector of the district] [These words were substituted for the words 'Educational Inspector of the division' by Bombay 5 of 1962, section 3, Second Sch.]. The tribunal shall follow the prescribed procedure for the disposal of its business. In the event of a difference of opinion between the members of the tribunal the appeal shall be referred to the Director whose decision [subject to the provisions of this Section] [These words were inserted by Bombay 50 of 1958, section 2(a).] [shall be final:Provided that in the case of a district within the jurisdiction of a district panchayat, the tribunal shall consist of the Chairman of the Education Committee of district panchayat and the Educational Inspector of the district:] [These words and proviso were substituted for the words 'shall be final' by the Gujarat Panchayats (Adaptation of the Bombay Primary Education Act) Order, 1963.][Provided further that] [These word was substituted for the word 'Provided that', by the Gujarat Panchayats (Adaptation of the Bombay Primary Education Act) Order, 1963.,] a primary school teacher who is a guaranteed teacher on the date of the coming into force of this Act, may make a further appeal to the [State] [This word was substituted for the word Provincial' by the Adaptation of Laws Order, 1950.] Government against an order of removal or dismissal.Explanation: - A guaranteed teacher means a primary school teacher who was holding a permanent, appointment as such teacher on 30th June 1923.
(3)An appeal under sub-section (2) shall be made within 30 days [from the date on which the order appealed against was communicated to the aggrieved person.] [These words were substituted for the words 'from the date of the order appealed against' by Bombay 26 of 1954, section 3.]
(4)[ Notwithstanding anything contained in this Section, the State Government may call for and examine the record of any order made by the Administrative Officer under sub-section (1) [or of any order made in appeal by the tribunal or Director under subsection (2)] [Sub-section (4) was added by Bombay 25 of 1952, Section 5.] involving disciplinary action against the staff maintained under Section 20, for the purpose of satisfying itself as to the correctness or propriety of the punishment awarded under the said order and if after causing such inquiry to be made as it deems fit the State Government is of opinion that the said order should be modified, annulled or reversed, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may pass such order thereon as it deems fit:Provided that no such order shall be made by the State Government in revision to the prejudice of any person unless such person has had an opportunity of being heard in his defence.]