Inquiry Committee-Rule 36 -MEPS

Inquiry Committee-Rule 36 -MEPS:

(1) If an employee is allegedly found to be guilty of misconduct or misbehavior of a serious nature,and the Management decides to hold an inquiry, it shall do so through a properly constituted Inquiry Committee.Such a committee shall conduct an inquiry only in such cases where major penalties are to be inflicted.The Chief Executive Officer authorized by the Management in this behalf ( and in the case of an inquiry against the Head who is also the Chief Executive Officer,the President of the Management ) shall communicate to the employee or the Head concerned by registered post acknowledgement due the allegations and demand from him a written explanation within seven days from the date of receipt of the statement of allegations.

(2) If the Chief Executive Officer or the President ,as the case may be,finds that the explanation submitted by the employee or the Head is not satisfactory ,he shall place it before the Management within fifteen days from the date of receipt of the explanation.The Management shall in turn decide within fifteen days whether an inquiry be conducted against the employee and if it decides to conduct the inquiry, the Management shall authorize the President of the Management and the Chairman of the School Committee to nominate two members on the Inquiry Committee one each from the Management and from the School Committee the names of persons so nominated to the Chief Executive Officer within fitter days from the date of the decisions of the Management. The third member of the Inquiry Committee shall be a person nominated by the employee concerned from amongst the members of the Management or from amongst the employee of any private school. Where an inquiry Committee shall consist of three members of whom one member shall be the president of the Management and two other members shall be nominated each one by the School Committee and the Head. 

(3) The chief Executive Officer shall communicate the names of members nominated under sub-rule (2) by the management and the school committee by registered post acknowledgement due to the employee or the Head referred to in sub-rule (1), as the case may be, and direct him to nominate a person on his behalf on the proposed Inquiry Committee. In the case of an inquiry against the Head referred to in sub-rule (1), the president of the Management shall communicate the name of the member nominated by the School Committee and shall direct the Head to nominate a person on his behalf on the proposed Inquiry Committee. The employee or the Head, as the case may be, shall forward the name of the person so nominated to the Chief Executive Officer or to the President, as the case may be, within fifteen days of the receipt of the communication to that effect. 

(4) If the employee or the Head, as the case may be, communicates the name of the person nominated by him the Inquiry Committee of three members shall be deemed to have been constituted on the date of receipt of such communication by the Chief Executive Officer or the president, as the case may be. If the employee or such Head fails communicate the name of his nominee within the stipulated period, the inquiry committee shall be deemed to have been constituted on expiry of the stipulated period consisting of only two members as provided in sub-rule (2).

(5) The Convener of the Inquiry Committee-

(i) In the case of any employee shall be the member nominated by the school committees, and 

(ii) In the case of the Head referred to in sub-rule (1) shall be President of the Management,

and such Convener shall initiate action pertaining to the conduct of the Inquiry Committee and shall maintain all the relevant record of the Inquiry. 

(6) The meetings of the Inquiry Committee shall be held in the school premises during normal school hours or immediately thereafter, if the employee agrees and even during vacation. 

37. Procedure of inquiry.- 

(1) The Management shall prepare a charge sheet containing specific charges and shall hand over the same together with with he statement of allegations and the explanation of the employee or the head, as the case may be, to the convener of the Inquiry Committee and also forward copies thereof to the employee or the Head concerned by registers post acknowledgement due, within 7 days constituted. 

(2) (a) Within 10 days of the receipt of the copies of charge sheet and the statement of allegations by the employee or the Head, as the case may be, -

(i) If the employee  or the Head, as the case may be, desires to tender any written explanation to the charge sheet, he shall submit the same to the convener of the Inquiry Committee in person or send it to him by the registers post acknowledgement due. 

(ii) If the Management and the employee or the Head, as the case may be, desire to examine any witness they shall communicate in writing to the convener of the Inquiry Committee the names of witness whom they propose to so examine, and 

(iii) If the Management desires to tender any documents by way of evidence before the Inquiry Committee, it shall supply true copies of all such documents to the employee or the Head, as the case may be. If the document relied upon by the Management is a register or record of the school it shall permit the employee or the Head, as the case may be, to take out relevant extracts from such register or record. The employee or the Head, as the case may be, shall supply to the Management true copies of all the documents to be produced by him in evidence. 

(b) Within 3 days after the expiry of the period of 10 days specified in clause (a), the Inquiry Committee shall meet to proceed with the inquiry and give 10 days notice by registers post acknowledgement due to the Management and the employee or the Head, as the case may be, to appear for producing evidence witnesses etc. if any. 

(c) The Inquiry Committee shall see that every reasonable opportunity is extended to the employee for defending his case. 

(d) (i) The Management shall have the right to lead evidence and the right to cross-examine the witnesses examined on behalf of the employee. 

(ii) The employee shall have the right to be heard in person and lead evidence. He shall also have the right to cross-examine the witness examined on behalf of the Management. 

(iii) Sufficient opportunities shall be given to examine all witnesses notified by both the parties. 

(e) All the proceedings of the Inquiry Committee shall be recorded and the same together with the statement of witnesses shall be endorsed by both the parties in token of authenticity thereof. The refusal to endorse the same by either of the parties shall be recorded by the Convener.

(f) The inquiry shall ordinarily by completed within a period 120 days from the date of first meeting of the Inquiry Committee, or from the date of suspensions of the employee, whichever is earliest, unless the Inquiry Committee has, in the special circumstances of the case under inquiry, extended the period of completion of the inquiry with the prior approval of the Deputy Director. In case the inquiry is not completed within the period of 120 days or within the extended period, if any, the employee shall case to under suspension and shall be deemed to have rejoined duties, without prejudice to continuance of the inquiry. 

(3) The Management and the employee or the Head, as the case may be, shall be responsible to see that their nominees and the witnesses, if any, are present during the inquiry. However, it the Inquiry Committee is convinced about the absence of either of the parties to the disputes or any of the members of the Inquiry Committee on any valid committee. The meeting so adjourned shall be conducted even in the absence of person concerned if he fails to remain present for the said adjourned meeting. 

(4) The Convener of the Inquiry Committee shall forward to the employee or the head, as the case may be, a summary of the proceedings and copies of statements of witnesses, if any, by registers post acknowledgment due within four days of completion of the above steps and allow him a time seven days to offer his further explanation, if any. 

(5) The employee or the Head, as the case may be, shall submit his further explanation to the Convener of the Inquiry Committee within a period of seven days from the date receipt of the summary of proceedings etc., wither personally or by registered post acknowledgement due. 

(6) On receipt of such further explanation or if no explanation is offered within the aforesaid time, the inquiry committee shall complete the inquiry and communicate its findings on the charges against the employee and its decision on the basis of these findings to the Management for specification to be taken against the employee or the head, as the case may be, within ten days after the date fixed for receipt of further explanation. It shall also forward a copy of the same by registered post acknowledgement due to the employee or the Head, as the case may be. A copy of the findings and decision shall also be endorsed to the Education Officer or the Deputy Director, as the case may be, by registers post acknowledgement due. Thereafter, the decision of the Inquiry Committee shall be implemented by the management which shall issue necessary orders within seven days from the date of receipt of decision of the Inquiry Committee, by registered post acknowledgement due. The Management shall also endorse a copy of its order to the Education Officer or the Deputy Director, as the case may be. 

38. Power of terminate services, etc.- 

The Management shall not delegate to any subordinate authority other than the Chief Executive Officer, power of execute the decision of the Inquiry Committee in respect of reduction in rank or termination of services.

39. Procedure of filing Appeals.- 

(1) Every memorandum of appeal under sub-section (1) of section 9 of the Act shall be duly signed by the appellant and shall be submitted to the Presiding Officer of the School Tribunal in triplicate personally or by registers post acknowledgement due.  

(2) Every appellant shall submit his appeal separately and no joint appeal shall be entertained:

Provided that, the Tribunal may entertain a joint appeal by two or more employees if the appeal arises out of the same inquiry and the grounds raises in the appeal are the same. 

(3) Every memorandum of appeal shall contain all material statements and arguments relied upon by the appellant and shall be accompanied by a copy of the order appealed against and copies of all the documents referred to in the appeal. 

(4) Every memorandum of appeal shall be accompanied by a crossed Indian Postal Order or Demand Draft of rupees fifty, payable to the "Presiding Officer of the School Tribunal....". The fee may also be remitted in cash in the office of the Tribunal or by postal Money Order. 

(5) Every memorandum of appeal may be submitted in Marathi or in English language. 

40. Resignation.- 

(1) A permanent employee may leave service after giving three calendar months' notice and a non-permanent employee may leave service after giving one calendar month's notice. The Management may however, allow an employee to leave service earlier on payment of pay (excluding allowances) for three months, or as the case may be, one month in lieu of notice by the employee. The amount in lieu of notice shall be restricted to the pay for the period by which the notice period falls short.

(2) If any Management allows an employee to leave service earlier either without due notice or without making payment of pay in lieu of notice as specified in sub-rule (1), a proportionate amount of pay in lieu of notice shall be deducted from the grant due to the school concerned. 

(3) An employee entitled to vacation shall not give notice of resignation during the vacation or so as to cover any part of the vacation. The notice of resignation shall not be given within a month after the beginning of the first term of the year.