Section 28 in The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981
28. Removal or Termination of Service.
(1)The services of a temporary employee other than on probation may be terminated by the Management at any time without assigning any reason after giving one calender month's notice or by paying one month's salary (pay and allowances, if any) in lieu of notice.In the case of an employee entitled to vacation, the notice shall not be given during the vacation or so as to cover any part of the vacation or within one month after vacation.[* * *] [Sub-rules (2) and (3) were deleted by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.](4)If a permanent employee in a secondary school or Junior College of Education who is appointed prior to the 1st April, 1966, or a permanent employee in a primary school who is appointed prior to the 1st April 1979 and who has opted to retain the Contributory Provident Fund Scheme is to be relieved from service in the school for being found medically unfit as certified by the Civil Surgeon or the Superintendent of Government Hospital, as the case may be, he shall be given gratuity at the rate of half a month's salary (pay and D.A.) for every completed year of service but not less than 3 months' salary (pay and D.A.), whichever is higher:[Provided that, an employee receiving gratuity under this sub-rule shall not be held eligible to receive in addition, compensation as provided under sub-rule (2) above.] [Proviso to be ignored in view of deletion of clauses (2) and (3).](5)An employee shall be liable to be punished on one or more of the following grounds namely :(a)misconduct:(b)moral turpitude:(c)wilful and persistent negligence of duty;(d)incompetence.For the purpose of this rule -(a)"Misconduct" shall include the following acts, namely :(i)breach of the terms and conditions of service laid down by or under these rules:(ii)[ violation of the code of conduct; and (iii) any other act of similar nature.] [Substituted for the words, figures and brackets 'and (ii) violation of the code of conduct' by Notification No. PST/1083/194/SE-3-Cell, dated 20-12-1984.](b)[ "Moral turpitude" shall include the following acts, namely : [Substituted for earlier item (b) by NOtification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.](i)immodest or immoral behaviour with a female or male student or employee; and(ii)any other act of similar nature.](c)"Wilful negligence of duty" shall include the following acts namely :(i)dereliction in, or failure to discharge, any of the duties prescribed by or under these rules;(ii)persistent absence from duty without previous permission; and(iii)any other act of similar nature;(d)"Incompetence" includes the following acts, namely :(i)failure to keep up academic progress and upto date knowledge in spite of repeated instructions in that behalf and provisions of facilities;(ii)failure to complete the teaching of the syllabus determined for the year within the fixed periods for reasons not beyond his control; and(iii)any other act of similar nature.
