Mohamed Mustaq (Business) 13 October 2015

Termination rules

I would like to know the procedure and rules as per indian law for the below case:

The school principal is involved in money fraud(by collecting school fees from the parents but not handover the money to the accounts department.)

Misconduct with the students in the tuition centre.

My question is,

As a management committe,

1.Do we need to send a Proper Termination letter to him or we just intimate him verbally about his termination?

Please suggest us

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3 Replies

Sudhir Kumar, Advocate (Advocate) 14 October 2015

YOU HAVE TO GIVE PROPER CHARGESHEET FOLLOWED BY INQIURY AND ONLY IF CHARGES ARE PROVED THEN YOU HAVE TO THINK ABOUT REMOVING HIM. TILL SUCH TIME YOU CAN ONLY SUSPEND HIM ( THAT TOO IF SERVICE RULE PROVIDE FOR)----------------------- WITHOUT THIS PROCEDURE THE TERMINATION WHETHER IN WRITING OR VERBAL IS ILLEGAL

darshana sawant (associate consultant) 15 October 2015

dear mr. muhamed,

If your school is located in maharashtra the Maharashtra Employees of Private schools act will apply which gives out the procedure for formation of an enquiry committee of persons including one national award winner teacher. Proper chargesheet will have to be drafted stating all the facts and the same have to be corroborated by oral and documentary proof. Proper rules of natural justice need to be followed where both parties participation in the enquiry is called for. Then, the termination will have to be carried out if the misconduct is proved. You may also suspend the principal pending enquiry by issuing proper suspension letter, so that he will not tamper with the evidence while in office or threaten the witnesses.