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Section 44

The Calicut University Act, 1975

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44 The Calicut University Act, 1975 No disciplinary action shall be taken against a teacher without giving him a reasonable opportunity of showing cause against the action proposed to be taken against him. Any teacher aggrieved by an order passed after the commencement of this Act in any disciplinary proceedings taken against him may, within sixty days from the date on which a copy of such order is served on him or within sixty days after the Appellate Tribunal has been constituted under this Act, whichever period expires later, appeal to the appellate Tribunal and appellate Tribunal may after giving the parties and opportunity of being heard and after such further inquiry as may be necessary, pass such order thereon as it may deem fit, including an order of reinstatement of the teacher concerned: Provided that the Appellate Tribunal may admit an appeal presented after the expiration of the said period if it is satisfied that the appellant had sufficient cause for not presenting the appeal within the said period. Any order passed by the Appellate Tribunal under subsection (7) may be executed through the Subordinate Judge's court having jurisdiction over the area in which the private college is situated as if it were a decree passed by that court. Any person who objects to an order passed by the Appellate Tribunal under sub-section (7) may, within sixty days from the date on which a copy of such order is served on him, prefer a petition accompanied by court fee stamps of the value of ten rupees to the High Court on the ground that the Appellate Tribunal has either decided erroneously, or failed to decide, any question of law. The provisions of section 5 of the Limitation Act, 1963 (Central Act 36 of 1963), shall be applicable to any proceedings under sub-section (9). The High Court shall, after giving the parties an opportunity of being heard, pass such order on the petition, as it deems fit. Where the High Court passes any order under subsection (11), the Appellate Tribunal shall amend the order passed by it in conformity with the order of the High Court.