Oral Termination to Private School Teacher is invalid : Rajasthan High Court, Jaipur

Oral Termination to Private School Teacher

Oral Termination to Private School Teacher is invalid, if management takes ground of abandonment of job. The school management of private schools usually does not allow their employee to work, if they feel that their services is no more required and takes the ground of abandonment by employee him/ her self. It is relevant here to produce the importance law aspects on this topic specially in relation to State of Rajasthan. Rule 39 of the Rajasthan Non-Government Educational Institutions Rules, 1993 deals with the termination/ removal / dismissal of the employee of non-govt. educational institutions. Oral Termination to Private School Teacher 

Rule 39 of the Rajasthan Non-Government Educational Institutions Rules, 1993, provides as follows:

“39. Removal or Dismissal from Service:-

(1) The services 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 at least 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 grounds 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 along with 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 a 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 the 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 by authorised 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 to 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 services 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.”

In the case of  Indira Gandhi Balika Niketan Prabandhak Committee and Anr vs. Mrs. Snehlata Sharma and Ors (Rajasthan High Court Jaipur) in which it was held that even if the Management takes a plea, while terminating the services of an employee, that the employee had remained absent without any reason, and had obtained employment in a Government School, an enquiry under Section 18 is mandatory. In the enquiry, an employee can establish, by giving a reply and leading evidence, that she had not abandoned the employment, and the circumstances in which she could not work. oral Termination to Private School Teacher

An employee must be given an opportunity to prove the facts, in which he/she had abandoned the service. In case, the enquiry is not held under Section 18 of the Act, no Management can throw out any employee, who has not been allowed to work, on the ground that he/she had abandoned the service. The abandonment of the service was misconduct, for which an enquiry must be held, before the services of the employee are terminated. Oral Termination to Private School Teacher

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