Removal or Termination of Service- Rule no 28- MEPS

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 calendar 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 

(2) Subject to the provisional of sub-rule (3), the services of an permanent employee may be terminated by the management on giving compensation equal to six months' emoluments (pay and allowances) in case he has put in less than 10 years' service and 12 months' emoluments (pay and allowances), if he has put in service of 10 years or more, in the following circumstances, namely:-

Immodest or immoral behavior with a female or male student or employee or such other action involving moral turpitude into which, if an open inquiry is held undesirable social consequences may follow.

(3) No order of termination of service shall be issued to an employee under sub-rule (2) unless a notice stating the grounds on winch his services are proposed to be terminated is given to him by the management allowing him to show cause, if any, within reasonable time and the cause shown, if any, is considered. If, after considering the cause shown, if any, an order of termination of services of an employee is passed, the management may not assign any reason in the order to be issued to the employee. 

(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 case may be, he shall be given gratuity at the rate of half a month's salary (pay and allowances) for every completed year of service but not less than 3 months' salary (pay and allowances), 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. 

(5) An employee shall be liable to be punished on one or more of the following grounds, namely:-

(a) misconduct;

(b) moral turpitude;

(c) willful 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; and 

(ii) violation of the code of conduct;

(b) "Moral turpitude" inside the acts mentioned in sub-rule (2);

(c) "Willful 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 up to date knowledge in spite of repeated instructions in that behalf and provision 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.