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State of Gujarat - Section

Section 50 in The Gujarat Agricultural Universities Act, 2004

50. Dismissal, removal, reduction and termination of service of staff of college.

(1)No member of the teaching, other academic and non-teaching staff of [the University] [Substituted 'a college' by Gujarat Act No. 9 of 2014, dated 25.7.2014.] shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and unless the penalty to be inflicted on him is approved by [the Board of Management] [Substituted 'the Vice-Chancellor' by Gujarat Act No. 9 of 2014, dated 25.7.2014.] or any other officer of the University authorised by [the Board of Management] [Substituted 'the Vice-Chancellor' by Gujarat Act No. 9 of 2014, dated 25.7.2014.] in this behalf.
(2)No termination of service of such member not amounting to his dismissal or removal falling under sub-section (1) shall be valid unless-
(a)he has been given a reasonable opportunity of showing cause against the proposed termination, and
(b)such termination is approved by [the Board of Management] [Substituted 'the Vice-Chancellor' by Gujarat Act No. 9 of 2014, dated 25.7.2014.] or any officer of the University authorised by [the Board of Management] [Substituted 'the Vice-Chancellor' by Gujarat Act No. 9 of 2014, dated 25.7.2014.] in this behalf:
Provided that nothing in this sub-section shall apply to any person who is appointed on probation or for a temporary period only.
(3)
(a)An appeal from an order of dismissal, removal or reduction under sub-section (1) or of termination under sub-section (2) shall lie to the State Government within ninety days from the date of the communication of such order and the decision of the State Government in such appeal shall be final and shall not be called in question in any civil court:
Provided that the State Government may admit any appeal after the period of limitation laid down in this clause if the appellant satisfies the State Government that he had sufficient cause for not preferring the appeal within such period.
(b)In computing the period laid down in clause (a), the provisions of sections 4 and 12 of the Limitation Act, 1963 (36 of 1963) shall, so far as may be, apply.