Mr. Dipak Bhattacharya, H.M. of Mohar B.M. High School is absent from School from 12.08.2011 to till now without permission of Secretary of M.C. then M.C. stop his payment , give letter of Show-Cause and form a Charge-Sheet as follow
1) Long Absence from 12.08.2011
2) Financial Irregularity
Is 28A rule of Management applicable here? what is the procedure ?
Welcome Mr. Mandal to this forum.
At first I would like to say that your question should be more general. (You could have not mention the name of the HM concerned).
As per sub rule (8) of rule 28 of Management of Recognized Non-govt. Institutions (Aided and Unaided) Rules, 1969, Power of Managing Committee: Both in aided and un-aided Institutions the committee shall have the power, subject to the prior approval of the board, to remove or dismiss permanent or temporary teachers and other employees. For this purpose the committee shall first draw up formal proceedings and issue charge-sheet to the teacher or the employee concerned, and offer him reasonable facility for defending himself. The teacher or the employee proposed to be proceeded against shall submit his explanation, ordinarily, within a fortnight of the receipt of the charge-sheet, the committee shall send to the Board all relevant papers including the charge-sheets, explanations submitted by the teachers or the employee concerned and the reason for which the Committee decides in favour of taking disciplinary action. If the Board considers that there are sufficient grounds for taking disciplinary action the Committee shall issue formal notice calling upon the teacher or the employee concerned to show cause, ordinarily within a fortnight, why he should not be dismissed or removed from service. The committee shall, then, send again to the Board all relevant papers including the explanations submitted by the teacher or the employee concerned and the recommendations of the committee for the action proposed to be taken. So far as the Committee is concerned, the decision of the Board shall be final:
Provided that the Board may delegate to any committee constituted under section 24 of the act the powers and functions conferred on the Board by this sub-rule.
As per Rule 28A: Power of the State Government to take action against a member of the Committee – Notwithstanding anything contained elsewhere in these rules, the State Government shall have the right to proceed against any member of the Committee, who, in the opinion of the State Government, commits financial irregularity or acts against the interest of the institution.
Whatever action the management committee have taken is as per the above rule 28.