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Can disciplinary committee give power to chairman to appoint inquiry
11-Dec-2023 (In Civil Law)
Can the disciplinary committee give power to chairman to appoint inquiry officer or authorize him to choose the name of inquiry officer in the matter of a teacher on suspension
You may read W.P.(C) No.8721/2010, MAMTA Vs SCHOOL MANAGEMENT OF JINDAL PUBLIC SCHOOL & ORS. pased by Delhi High Court.
118. Disciplinary authorities in respect of employees
The disciplinary committee in respect of every recognised private school, whether aided or not,
shall consist of:-
(i) the chairman of the managing committee of the school;
(ii) the manager of the school;
(iii) a nominee of the Director, in the case of an aided school, or a nominee of the
appropriate authority, in the case of an unaided school;
(iv) the head of the school, except where the disciplinary proceeding is against him and
where the disciplinary proceeding is against the Mead of the school, the Head of any
other school, nominated by the Director;
(v) a teacher who is a member of the managing committee of the school; nominated by the
Chairman of such managing committee.
Powers can always be delegated.
118. Disciplinary authorities in respect of employees
The disciplinary committee in respect of every recognised private school, whether aided or not,
shall consist of:-
(i) the chairman of the managing committee of the school;
(ii) the manager of the school;
(iii) a nominee of the Director, in the case of an aided school, or a nominee of the
appropriate authority, in the case of an unaided school;
(iv) the head of the school, except where the disciplinary proceeding is against him and
where the disciplinary proceeding is against the Mead of the school, the Head of any
other school, nominated by the Director;
(v) a teacher who is a member of the managing committee of the school; nominated by the
Chairman of such managing committee.
Powers can always be delegated.
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Adv. Anand Kumar
Delhi | 100+ Answers
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Yes, the Chairman is empowered to appoint an inquiry officer. Since the Chairman is in a higher authority than the Disciplinary Committee, the Committee can seek the Chairman to appoint an inquiry officer or choose one.
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Adv. Tanu Malhotra
Delhi | 25+ Answers
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That has to depend on your contract of service that you signed while joining the school. The terms and conditions therein may contain the procedure that has to be followed. Will have to check and look into the same.
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Adv. Shobhit Bhatia
Delhi | 100+ Answers
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