State Act

THE UTTAR PRADESH BOARD OF SECONDARY SANSKRIT

26- (1) Every person employed in an institution shall be governed by such conditions of service as may be prescribed by regulations and any agreement between the Management and such employees in so for as it is inconsistent with the provisions of this Act or with the regulations, shall be void. (2) Without prejudice to the generality of the powers conferred by sub-section (1) the regulations may provide for, - (a) the code of conduct, the period of probation, the conditions of confirmation and the procedure and the procedure and conditions for promotion and punishment including suspension pending or in contemplation of inquiry or during the pendency of investigation, inquiry or trial in any criminal case for an offence involving moral turpitude and the emoluments for the period of suspension and termination of service with notice; (b) the scales of pay and payment of salaries; (c) transfer of service from one recognized institution to another; (d) grant of leave and provident fund and other benefits; and (e) maintenance of record of work and service. (3) (a) No Head of institution or teacher may be discharged or removed or dismissed from service or reduced in rank or subjected to any diminution in emoluments, or served with notice of termination of service except with the prior approval in writing of the Regional Joint Director. (b) Regional Joint Director may approve or disapprove or reduce or chance the punishment or approve or disapprove of the notice for termination of service proposed by the Management; Provided that in the cases of punishment, before passing order, the Regional Joint Director shall give, an opportunity to the Head of institution or the teacher to show cause within a fortnight of the receipt of the notice why the proposed punishment should not be inflicted. (c) Any party may prefer an appeal to the Director against an order of the Regional Joint Director under clause (b) within one month from the date of communication of the order to that party and the Director may, after such further enquiry as he considers necessary, confirm, set-aside or modify the order and the order passed by the Director shall be final. (4) No Head of institution or teacher shall be suspended by the Management, unless in the opinion of the Management, - (a) the charges against him are serious enough to merit his dismissal, removal or reduction in rank; or (b) his continuance in office is likely to hamper or prejudice the conduct of disciplinary proceedings against him; or (c) any criminal case for an offence involving moral turpitude against him is under investigation, enquiry or trial. (5) Where any Head of institution or teacher is suspended by the Committee of Management it shall be reported to the Regional Joint Director within seven days from the date of order of suspension and the report shall contain such particulars as may be prescribed by regulations and accompanied by all relevant documents. (6) No such order of suspension shall, unless approved in writing by the Regional Joint Director, remain in force, for more than sixty days from the date of such order and the order of the Regional Joint Director shall be final and shall not be questioned in any court. (7) If at any time the Regional Joint Director is satisfied that disciplinary proceedings against the Head of institution or teacher are being delayed for no fault of the Head of institution or the teacher, the Regional Joint Director may after affording opportunity to the Management to make representation, revoke any order of suspension passed under this section.