Section 36 in The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981
36. Inquiry Committee.
(1)If an employee is allegedly found to be guilty on [any of the grounds specified in sub-rule (5) of rule 28] [These words were substituted for the words' misconduct or misbehaviour of a serious nature' by Notification No. PST/1083/194-SE-3-Cell, dated 20-12-1984.] and the Management decides to hold an inquiry, it shall do so through a properly constituted Inquiry Committee. Such a committee shall conduct an inquiry only in such cases where major penalties are to be inflicted. The Chief Executive Officer authorised by the Management in this behalf (and in the case of an inquiry against t he Head who is also the Chief Executive Officer, the President of the Management) shall communicate to the employee or the Head concerned by registered post acknowledgement due the allegations and demand from him a written explanation within seven days from the date of receipt of the statement of allegations.(2)[ If the Chief Executive Officer or the President, as the case may be, finds that the explanation submitted by the employee or the Head referred to in sub-rule (1) is not satisfactory, he shall place it before the Management within fifteen days from the date of receipt of the explanation. The Management shall in turn decide' within fifteen days whether an inquiry be conducted against the employee and if it decides to conduct the inquiry, the inquiry shall be conducted by an Inquiry Committee constituted in the following manner, that is to say, -(a)in the case of an employee -(i)one member from amongst the members of the Management to be nominated by the Management, or by the President of the Management if so authorised by the Management, whose name shall be communicated to the Chief Executive Officer within 15 days from the date of the decision of the Management;(ii)one member to be nominated by the employee from amongst the employees of any private school;(iii)one member chosen by the Chief Executive Officer from the panel of teachers on whom State/National Award has been conferred;(b)in the case of the Head referred to in sub-rule (1) -(i)one member who shall be the President of the Management;(ii)one member to be nominated by the Head from amongst the employees of any private school;(iii)one member chosen by the President from the panel of Head Masters on whom State/National Award has been conferred.](3)[ The Chief Executive Officer or, as the case may be, the President shall communicate the names of members nominated under sub-rule (2) by registered post acknowledgement due to the employee or the Head referred to in sub-rule (1), as the case may be, directing him to nominate a person on his behalf on the proposed Inquiry Committee and to forward the name alongwith the written consent of the person so nominated to the Chief Executive Officer or to the President, as the case may be, within fifteen days of the receipt of the communication to that effect.] [Sub-rules (3) and (5) were substituted by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.](4)If the employee or the Head, as the case may be, communicates the name of the person nominated by him the Inquiry Committee of three members shall be deemed to have been constituted on the date of receipt of such communication by the Chief Executive Officer or the President, as the case may be. If the employee or such Head fails to communicate the name of his nominee within the stipulated period, the Inquiry Committee shall be deemed to have been constituted on expiry of the stipulated period consisting of only two members as, provided in sub-rule (2).(5)[ The Convener of the respective Inquiry Committee shall be the nominee of the President, or as the case may be, the President who shall initiate action pertaining to the conduct of the Inquiry Committee and shall maintain all the relevant record of the inquiry.] [Sub-rules (3) and (5) were substituted by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.]
