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[Cites 0, Cited by 0] [Section 39] [Entire Act]

State of Uttarakhand - Subsection

Section 39(3) in Uttaranchal School Education Act, 2006

(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.