Section 19(1) in Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools Under Private Managements) Rules, 1993
(1)The disciplinary powers are vested with the management in general. The appellate authority against the actions of the management is the competent authority as defined in rule 3. Subject to the provisions of the Act:(a)No employee should be kept under suspension by the management except as provided in Section 79 of the Act.(b)An employee who is kept under suspension shall be paid subsistence allowance at one half of the salary drawn by him immediately before suspension plus allowances admissible on such salary;(c)An order of suspension may at any time be revoked by the next higher authority to the competent authority;(d)In addition to the penalties specified in sub section (1) of Section 79 of the Act the following penalties may also be imposed against any employee for negligence of duty, disobedience of orders, misconduct, violation of code of conduct or for other sufficient cause:(i)Fine,(ii)Censure,(iii)Withholding of increments or promotion,(iv)Reduction to a lower rank in seniority or reduction in the time scale of pay,(v)Recovery from pay the whole or part of the pecuniary losses caused to the Government or to the institutions by negligence or breach of orders;(e)No employee shall be dismissed, removed or reduced in rank by an authority subordinate to the management.(f)In every case where it is proposed to impose any of the penalties specified, the ground on which the action is proposed shall be reduced to the form of a definite charge or charges. The charges shall be communicated to the person charged together with statement of allegations and their basis and of any other circumstances leading to the charges.The person charged shall be required within a reasonable time to put a written statement of defence and to state whether he desires an oral enquiry or only to be heard in person for the charges. The charged person shall be permitted to peruse the records and take extracts from such records as he may specify, provided that the management may for reasons to be recorded in writing refuse such permission, if in its opinion such records are not relevant for the purpose or it is against the interest of the institution to allow access thereto. If an oral enquiry is desired by the person charged the management shall appoint an Enquiry Officer who shall be superior in rank to the charged person to conduct enquiry. At that enquiry oral evidence may be heard as to such of the allegations as are not admitted and the person charged shall be entitled to cross examine the witness, to give evidence in person and to have such witness called as he may wish, provided that the authority conducting the enquiry may for special and valid reasons to be recorded in writing refuse to call a witness;After the enquiry has been completed the person charged shall be entitled to put in, if he so desires, any further written statement, of his defence. If no oral enquiry is held and a person charged desires to be heard in person, a personal hearing shall be given to him by the authority directed by the management.The proceedings shall contain a sufficient record of the evidence and the statement of the findings and the grounds thereof.(g)After examination of the report of the Enquiry Officer or where no enquiry has been held on consideration of the statement of defence of the person charged and other circumstances of the case, the management shall issue a show cause notice of not less than two weeks to the charged officer enclosing the report of the Enquiry Officer. After considering the explanation the management may impose any of the penalties.Provided that in the case of dismissal, removal or reduction in rank the management should get prior approval of the authority or officer under sub-section (1) of Section 79 of the Act;(h)The above provisions shall not apply where the authority to impose the penalty is satisfied for reasons to be recorded in writing that it is not reasonably/practicable to hold an enquiry or to inform the employee in writing of the allegations or charges on which action is proposed to be taken or where it is proposed to impose the penalty on the ground of conduct which lead to his conviction on a criminal charge which involved moral turpitude. In such cases, the management shall obtain prior permission from the competent authority.
