Recognised Non-Government Teachers

 

Recognised
Non-Government Intermediate College Teachers (Board Of Intermediate And
Secondary Education, Jessore) Terms And Conditions Of Service Regulations, 1979

 

Regulation—12

A
plain reading of the proviso to Regulation No. 12 clearly shows that penalty in
the form of dismissal from service cannot be imposed upon a college teacher
unless the proposal for such penalty is examined by the Appeal and Arbitration
Committee and approved by the Board. In the instant case, the impugned order of
dismissal from service was made without prior approval of the Board. The
subsequent approval of the order of dismissal by the Board cannot cure this
basic infirmity.

Sheikh
Roushan Ali Vs Board of Intermediate and Secondary Education, Jessore and
others, 16 BLD (HCD) 204;.

 

Recognised
Non-Government Secondary School Teachers (Board Of Intermediate And Secondary
Education, Dhaka) Terms And Conditions Of Service Regulation, 1979

 

Regulation—14

There
is no provision in Regulation 14 imposing a legal obligation on a member of the
enquiry committee to be present in all its sittings and as such no legal
consequence follows from a member’s failure to attend such a sitting. The
enquiry committee will follow the ordinary rules of a committee meeting and the
absence of a member in a particular sitting is of no legal consequence.

In
the absence of any rule or service condition that the order of dismissal could
only be passed after a prior second show cause notice to the appellant-
employee, the appellate court was wrong in invoking the principles of equity of
justice on the ground that the meeting of the enquiry committee ought to have
been adjourned due to the absence of the teachers’ representative and that the
plaintiff- appellant deserved a second show cause notice before the passing of
order of dismissal.

Post Office
High School, represented by the Secretary, Managing Committee Vs. Asgar Au and
others, 15 BLD (AD) 38.

Ref:
A.I.R. 1970 (Orissa) 213; A.1.R. 1971 (SC) 1552 (1553); 44 DLR (AD) 267 (270);
3IDLR 124; 34 DLR (AD) 166—Cited.

 

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