ANNEXURE (32) Deleted & ANNEXURE (33) [Vide Rule 77.2] Termination of services as per rule 77.2 (1)- SS CODE
ANNEXURE
(32)
Deleted
_________________
ANNEXURE
(33)
[Vide
Rule 77.2]
Termination
of services as per rule 77.2 (1)
As laid down in rule 77.2 (1) of the S.S. Code, a
management can, with the prior approval of the deputy director of education
concerned, terminated the services of a permanent employee without assigning
any reason, on giving him/her the prescribed compensation. The aforesaid
provision obviously means that the management while acting under the said rule
need not assign any reason to the permanent employee concerned whose services
it is terminating, but that does not mean that the management need not
communicate the reasons for terminating the services of the permanent employee
to the deputy director. It will be impossible for him to decide whether to give
his prior approval or not to the management terminating the services of a
permanent employee or not to the management terminating the services of a
permanent employee unless the management first communicates to him, the reasons
for such termination and he is convinced of the reasons. If the management
refuses to give reasons in support of its proposal to terminate the services of
a permanent employee, he may refuse his prior approval to such proposals.
2. The normal procedure for terminating the services
of a permanent employee would be after holding a regular open enquiry against
him/her for any of the charges for which his/her services are sought to be
terminated. Only two exceptions are visualized to the aforesaid normal rule
which may justify terminating the services of a permanent employee without
assigning any reasons and without an open enquiry which if held, may create
more problems than solving them. The first is when the services of a permanent
employee are required to be terminated, because of his/her immodest or immoral
behavior with a female/male student or such other action involving moral
turpitude into which, if an open enquiry is held, undesirable social
consequences may follow and which the school and the deputy director of
education are convinced, need to be avoided. The second is when the services of
a permanent employee are required to be terminated for any anti-national
activities, holding of an open enquiry into which, may not be advisable in the
interest of national security or with a view to giving necessary protection to
the person on whose information or complaint, the anti-national activities of
the employee came to light. Barring these two types of cases, generally
speaking, in other cases, the services of the permanent employees should be
terminated only after holding an open enquiry as per the prescribed procedure.
3. However, there may be peculiar cases, not falling
within any of the two types of cases mentioned in para 2 above, in the
circumstances of which the deputy director of education may feel personally convinced
that the services of the permanent employee concerned may be allowed to be
terminated without holding an open enquiry and without assigning any reasons.
In such cases the deputy director of education should be free to exercise his
discretion and use his powers conferred on him by rule 77.2 of the S. S. Code.
Such cases would, however, be exceptional by their
very nature.
(Vide
G.L. NO. SSN-1867/80582-G, dated 13th May 1968).
(Please
also see annexure 28)
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