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State of Gujarat - Section

Section 14 in The Gujarat Affiliated Colleges Services Tribunal Act, 1982

14. Dismissal, removal or reduction in rank of college employees.

(1)No college employee shall be dismissed or removed or reduced in rank nor shall his service be otherwise terminated by the manager of a college 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 those charges, and
(b)the action proposed against him is approved by the Vice-Chancellor of the relevant University:
Provided that nothing in this Sub-Section shall apply to any college employee who is appointed temporarily for a period less than a year.
(2)The Vice-Chancellor shall communicate to the manager of the college 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 Vice-Chancellor of such proposal.
(3)Where the Vice-Chancellor 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 Vice-Chancellor.
(4)No penalty (being the penalty other than that referred to in Sub-Section (1) shall be imposed on a college employee unless such employee has been given a reasonable opportunity of being heard.
(5)Where a college employee is suspended by the manager of a college pending any inquiry proposed to be held against him, the fact of such suspension together with the grounds therefor, shall be communicated by the manager of college to the Vice-Chancellor of the relevant University within a period of seven days after such suspension shall be subject to ratification by the Vice-Chancellor within a period of forty five days from the date of receipt of the communication in this behalf by the Vice-Chancellor and if such ratification is not communicated to the manager of the college by the Vice-Chancellor within such period, the suspension of the college employee shall cease to have effect on the expiry of such period:Provided that the college employee shall, during the period of suspension, be entitled to such subsistence allowance and on such terms and condition as may be prescribed.
(6)Any person aggrieved by an order of the Vice-Chancellor under clause (b) of Subsection (1) may make an appeal to the Tribunal within a period of thirty days from the date of the decision of the Vice-Chancellor.