Section 44 in Uttaranchal School Education Act, 2006
44. Power to inspect etc.
(1)The District Education Officer may at any time, for the purposes of this Act, Inspector cause to be Inspected any Institution or call for such' information and records (including registers,- book of account and vouchers) front its management with regard to the payment of salaries to its teachers or employees or give to its management any direction for the observance of such cannons of financial propriety (Including any direction for retrenchment of any teacher or employee or for prohibition of any wasteful expenditure) as he thinks fit.(2)Where a direction under sub-section (1) is given for retrenchment of any teacher or employee, it shall be complied within accordance-with the provisions of this Act and the regulations or, as the case may be, the conditions of his service.(3)(a)Notwithstanding anything contained in any law and without prejudice to the generality of the powers conferred under sub-section (1) the Director may any tithe, by general or specific order, direct a teacher, who takes part in a strike or remains in it or takes part in it otherwise, which has been prohibited under section 3 of Uttar Pradesh Maintenance of Essential Service Act 1966 (is adopted in Uttaranchal) to be present on his duty by the day or time specified in the order.(b)Notwithstanding anything contained in this Act, on a default committed by a teacher to be present on duty, the contract with the Management regarding teachers employment shall be void from the date or time specified in the above mentioned direction.(c)Where a contract becomes void under sub-section (2), the concerned teacher shall cease to hold appointment, and he shall not be entitled of any notice before such' cessation of his services, nor shall any disciplinary enquiry be expected before such action, notwithstanding anything contained in the conditions of his services in the Act.(d)Specifically, and without prejudice to the generality of the co4sequences specified for that reason, the State Government shah not be liable for the payment of salary of any teacher after such date or time specified in such direction notwithstanding anything Contained in section 50.(4)The-management, or on its committing default, the District Education Officer shall be competent to appoint in substantive capacity, any person who possesses qualification prescribed for carrying out the duties of the post of a teacher, notwithstanding anything contrary in this Act or in regulations for the time being in force regarding selection, appointment or approval of appointment.
