S S JAIN SUBODH SHIKSHA SAMITI SUBODH COLLEGE CAMPUS RAMBAGH CIRCLE JAIPUR Vs. RAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTIONS TRIBUNAL MINI SECRETARIAT BANI PARK JAIPUR

JUDGEMENT

(1.) RESPONDENT No. 2 (the concerned employee) was initially appointed as Teacher in S. S. Jain Subodh Balika Senior Secondary School, Jaipur till the end of session vide order dated 1. 7. 1987. Against a fresh appointment was given on the post of Teacher vide order dated 1. 7. 1988 and thereafter, the concerned employee was further given appointment on the post of Teacher till 16. 5. 1990 vide order dated 12. 7. 1989 which was lastly continued upto 31. 8. 1990 vide order dated 18. 7. 1990.

(2.) SUBSEQUENTLY, the concerned employee was given adhoc appointment on the post of Lower Division Clerk for the period from 1. 7. 1991 till 16. 5. 1992 vide order dated 26. 09. 1991 in another institution i. e. S. S. Jain Subodh Balika Senior Secondary School, Jaipur. The respondent employee continued to get such adhoc appointment on the post of Lower Division Clerk till the end of session of the year 1992-93 also and lastly, the concerned workman was appointed on the post of Lower Division Clerk purely on adhoc basis from the date of joining till 16. 5. 1994 vide order dated 12. 8. 1993. After expiry of the above period i. e. on 16. 5. 1994, the concerned employee was relieved from service.

(3.) THE consequential Rule 39 of the Rules of 1993 is also reproduced hereasunder :- " 39. Removal or Dismissal from Service (1) THE service of an employee appointed temporarily for six months, may be terminated by the management at any time after giving at least one month's notice or one month's salary in lieu thereof. Temporary employee, who wishes to resign shall also give atleast one month's notice in advance or in lieu thereof deposit or surrender one month's salary to the management. (2) An employee, other than the employee referred to in sub-rule (1), may be removed or dismissed from service on the grounds of insubordination, inefficiency, neglect of duty, misconduct or any other ground which makes the employee unsuitable for further retention in service. But the following procedure shall be adopted for the removal or dismissal of an employee :- (a) A preliminary enquiry shall be held on the allegations coming into or brought to the notice of the management against the employee. (b) On the basis of the findings of the preliminary enquiry report, a charge sheet alongwith statement of allegations shall be issued to the employee and he shall be asked to submit his reply within a reasonable time. (c) After having perused the preliminary enquiry report and the reply submitted by the employee, if any, if the managing committee is of the opinion that a detailed enquiry is required to be conducted, a three member committee shall be constituted by it in which nominee of the Director of Education shall also be included. (d) During the enquiry by such enquiry committee the employee shall be given a reasonable opportunity of being heard and to defend himself by means of written statement as well as by leading evidence, if any. (e) THE enquiry committee, after completion of the detailed enquiry, shall submit its report to the management committee. (f) If the managing committee, having regard to the findings of the enquiry committee on the charges, is of the opinion that the employee should be removed or dismissed from service, it shall; (i) furnish to the employee a copy of the report of enquiry committee. (ii) give him a notice stating the penalty of removal or dismissal and call upon him to submit within a specified time such representation as he may wish to make on the proposed penalty. (g) In every case, the records of the enquiry together with a copy of notice given under sub-clause (f) (ii) above and the representation made in response to such notice if any, shall be forwarded by the managing committee to the Director of Education or an officer authorised by him in this behalf, for approval. (h) On receipt of the approval as mentioned in sub-clause (g) above, the managing committee may issue appropriate order of removal or dismissal as the case may be and forward a copy of such order the employee concerned and also to the Director of Education or the officer authorised by him in this behalf: Provided that the provisions of this rule shall not apply :- (i) To an employee who is removed or dismissed on the ground of conduct which led to his conviction on a criminal charge, or. (ii) Where it is not practicable or expedient to give that employee an opportunity of showing cause, the consent of the Director of Education has been obtained in writing before the action is taken, or (iii) Where the managing committee is of unanimous opinion that, the service of an employee cannot be continued without prejudice to the interest of the institution, the service of such employee are terminated after giving him six months notice or salary in lieu thereof and the consent of the Director of Education is obtained in writing. "