Law: Punjab Boards of Intermediate and Secondary Education Act, 1976

Section: 20,29

(a) Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)--   ---Ss.20 29--Service Regulations Nos.2, 11, 12 18--Leave to appeal granted to examine whether a fair opportunity of defending himself had been afforded to the employee before terminating his services, and whether the standard for it had to be different in the case of employment in an educational institution as compared to the employment in Government.   (b) Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)--   ---Ss.20 29--Service Regulations No.2, 11, 12 18--Employees of Board--Protection afforded by statutory provisions--Violation or breach bf such provisions can afford a cause of action and locus standi to employee to seek declaration--Ouster clause contained in S.29 relates to order made or proceedings taken by a Board in pursuance of the provisions of the Act--It is only when the action complained of is covered by the Act or its provisions that the ouster of jurisdiction takes place and not otherwise.   (c) Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)--   --Ss.20 29--Service Regulations Nos.2, 11, 12 18--Termination of service of employee of the Board--Adequate opportunity to defend to employee--Requirements of law.   A preliminary inquiry was held in which employee/ respondent was associated. He gave a written reply which was considered. Thereafter a show-cause notice was given to him; his reply to it was considered. He did not in his reply refer to or point out any particular defence that he wanted to lead. What he said was that he could produce every type of defence. When he had not specified the defence which he wanted to produce nor named the witnesses nor mentioned the documents, it cannot be said that by taking into consideration his reply alone, he was prejudiced in showing cause against the action proposed to be taken against him. He was told in the show-cause notice that apart from the incident of receipt of illegal gratification his work and conduct in the office has been most unsatisfactory. Keeping in view the fact that the order that came to be passed was a simple order of…

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