- I am Principal of a college in Maharashtra. We have appointed a teacher who has completed one year. We find his services to be not satisfactory. What is the procedure for terminating his services?
Appointment of teachers initially is made on probation period of two years. The Principal is supposed to maintain six monthly confidential reports. If the reports indicate non-satisfactory work of the teacher, law allows you to terminate the services of a teacher of probation without assigning any reasons. Please, ensure that the letter of termination is non-stigmatic. Please also refer to the relevant statutory provisions.
- What is the difference between stigmatic and non-stigmatic letters of termination?
During the period of probation, services of an employee can be terminated without assigning any reason and putting any stigma. However, if one wants to put any stigma, either during probation or thereafter, law requires a disciplinary enquiry and proving of charges before a stigmatic letter of termination or any other punishment is imposed on an employee.
- What are minor and major penalties of teachers working in colleges in Maharashtra?
The minor penalties are censure, fine stoppage of increments of pay and withholding of promotions. The major penalties are compulsory retirement and termination.
- What are the types of punishment which can be given to teachers working in colleges in Maharashtra?
Normally there are two types of punishments for teachers working in the affiliated colleges in Maharashtra. One is minor punishment which consists of censure, fine withholding of increment, and withholding of promotion. The other is major punishment which includes compulsory retirement, dismissal and termination of services.
- What is the procedure for imposing minor and major penalties against the teachers working in colleges in Maharashtra?
If one wants to impose minor penalty on teachers working in Maharashtra, one has to issue a show cause notice calling upon the teacher to explain as to what the proposed minor penalty for the misconduct mentioned in the notice be not imposed. On getting reply to the same and after verifying truth of the complaint, the minor penalty can be imposed after application of mind on the reply given.
- What is the procedure for imposing major penalty against the teachers working in the colleges in Maharashtra?
The teachers working in colleges in Maharashtra are governed by Statutes. The statutes normally require two fold enquiry before imposing a major penalty. Firstly, a preliminary enquiry consisting of representatives of the Universities and thereafter a final enquiry by appointing an outside enquiry officer and proving the charges and holding enquiry by adopting procedure of enquiry as per principles of natural justice.
- I am Registrar of College in Maharashtra. I would like to take action against some of the non-teaching employees working in our college. Please guide?
The colleges affiliated to different Universities in the State of Maharashtra are governed by Maharashtra Universities Act, 1994. Non-teaching employees working in these colleges were governed by the Maharashtra Non Agricultural Universities and Affiliated Colleges Standard Code Rules 1984, (in short Standard Code Rules 1984). The Government of Maharashtra by GR passed in 2010 have now made available the Maharashtra Civil Services Rules to these employees. You are, therefore, advised to refer to the same.
- What are the remedies available to teaching or non-teaching staff who is reduced in rank, dismissed or otherwise terminated?
The Maharashtra Universities Act, 1994 enables such an employee to approach the University and College Tribunal by way of appeal.
- What are the remedies available to teaching / non-teaching staff working in affiliated colleges who have grievances otherwise then dismissal, removal, otherwise termination and reduction in rank?
The remedy is of approaching Grievance Committee constituted in each University under the provisions of Maharashtra Universities Act, 1994.
- What are the remedies for students in respect of their complaints relating to admissions in Colleges and Universities in Maharashtra?
The Maharashtra Universities Act, 1994 enables the students seeking admissions to a course run by the University or its affiliated colleges having any grievance relating to admission or the rules of admission framed by the University or the State Government to file an appeal to the University and College Tribunal constituted under the Act. However, due to lack of awareness of this provision, students invoke the writ jurisdiction of High Courts or Civil Courts.
- I am President / Secretary of the governing body which runs a college in Maharashtra. We wish to take disciplinary action against some lecturers in our college. Please guide.
The colleges affiliated to different Universities in the State of Maharashtra are governed by the provisions of the Maharashtra Universities Act, 1994. The services and disciplinary rules applicable to teachers are called the Statutes. The statutes elaborately give the code of conduct and the rules relating to disciplinary action against the teaching staff. You are, therefore advised to look into the relevant statutes.
- Is Provident Fund Act applicable to educational institutions?
Para (xcvi) of The Employee’s Provident Fund Scheme, 1952 brought educational institutions under the purview of this Act; however, the provision was challenged before the Supreme Court in DAV College V/s RPFC, wherein the Hon’ble Court held that educational institutions should be brought under the purview of the Act.
See Whether Provident Fund Act Is Applicable To Educational Institutions for further details.