Section 14 in The Gujarat Higher Secondary Schools Services Tribunal Act, 1983
14. Dismissal, removal or reduction in rank of higher secondary school employee.
(1)No employee shall be dismissed or removed or reduced in rank nor shall his service be otherwise terminated by the manager except after,-(a)an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges, and(b)the action proposed against him is approved by the Director of Higher Education:Provided that nothing in this sub-section shall apply to any employee who is appointed temporarily for a period less than a year.(2)The Director of Higher Education shall communicate to the manager in writing his approval or disapproval of the action proposed, within a period of forty-five days from the date of the receipt by the Director of Higher Education of such proposal.(3)Where the Director of Higher Education fails to communicate either approval or disapproval within the period of forty-five days specified in sub-section (2), the proposed action shall be deemed to have been approved by the Director of Higher Education.(4)No penalty being the penalty other than that referred to in sub-section (1)) shall be imposed on an employee unless such employee has been given a reasonable opportunity of being heard.(5)Where an employee is suspended by the manager, pending any inquiry proposed to be held against him, the act of such suspension together with the grounds therefor, shall be communicated by the manager to the Director of Higher Education within a period of seven days after such suspension and such suspension shall be subject to ratification by the Director of Higher Education within a period of forty-five days from the date of receipt of the communication in this behalf by the Director of Higher Education and if such ratification is not communicated to the manger by the Director of Higher Education within such period, the suspension of the employee shall cease to have effect on the expiry of such period:Provided that the employee shall, during the period of suspension, be entitled to such subsistence allowance and on such terms and conditions as may be prescribed.(6)Any person aggrieved by an order of the Director of Higher Education under clause (b) of sub-section (1) may make an appeal to the Tribunal within a period of thirty days from the date of the decision of the Director of Higher Education.
