Nov - High Court of Judicature at Allahabad

1050 INDIAN LAW REPORTS ALLAHABAD SERIES [2009
delayed, for no fault of the Head of
Institution or the teacher, the
Inspector may after affording
opportunity to the Management to
make representation revoke an order
of suspension passed under this
section.
(9) All appeals pending before the
Deputy Director of Education
(Women) immediately before the
commencement of this sub-section
shall be transferred to the Joint
Director of Education (Women) for
disposal:
Provided that where the Deputy
Director of Education (Women) has
already commenced the hearing of any
such appeal before the commencement of
this sub- section, the appeal shall be
disposed of by the Deputy Director of
Education (Women) herself.
Explanation. - For the purposes of
this section, the expression ''Regional
Deputy Director, Education shall, in
relation to a girls' institution mean the
Joint Director of Education (Women)."
10. In exercise of power conferred
under Section 16-G of the Act,
Regulations have been framed and
Chapter 3 thereof pertains to Conditions
of Service. Regulation 31, which is
relevant for the purpose, reads as
follows:-
"31. Punishment to employees for
which prior sanction from Inspector or
Regional Inspectress would be essential
may be any one of the following:
(1) Discharge,
(2) Removal or Termination,
(3) Demotion in grade,
(4) Reduction in emoluments.
Principal or Headmaster would be
competent to give above punishment to
Fourth-class employees. In case of
punishment awarded by competent
officer, the Fourth-class employee may
appeal to Management Committee. This
appeal must be preferred within one
month of the date of intimation of the
punishment and Management Committee
on receipt of appeal will decide the matter
within six weeks. On consideration of all
necessary records and after giving an
opportunity of hearing to the employee, if
he wants to appear before the
Management Committee, it will give its
decision.
Fourth-class employee would also have a
right to represent against the decision of
the Management Committee on his appeal
to the District Inspector of
Schools/Regional Inspectress of Girls
Schools within one month of the date of
intimation of the decision:
11. By this juncture, it would be
appropriate to quote Regulation 100 of
Chapter 3, which reads as follows:-
"100. In respect of clerks, which includes
Librarian also, the Management
Committee and in respect of Fourth
class employees, the
Principal/Headmaster shall be the
appointing authority. Regarding
appointment, probation of clerk, which
includes Librarian also, and Fourth class
employees, the period for which is one
year, confirmation and other service
conditions, etc. relating to it, provisions
with necessary changes described in
Regulations 1, 4 to 8, 10, 11, 15, 24 to 26,
30, 32 to 34, 36 to 38, 40 to 43, 45 to 52,
54, 66, 67, 70 to 73 and 76 to 82 shall
apply. But in respect of Fourth class