Bihar Government Servants (Classification, Control & Appeal) Rules, 2005

{
    "id": 15325,
    "slug": "bihar-government-servants-classification-control-appeal-rules-2005",
    "title": "Bihar Government Servants (Classification, Control & Appeal) Rules, 2005",
    "short_title": "Bihar Government Servants (Classification, Control & Appeal) Rules, 2005",
    "act_number": "Published vide Notification No. 3/M-1-16/2001-Ka-1",
    "act_year": 2005,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar Government Servants (Classification, Control & Appeal) Rules, 2005",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definition.",
            "chapter": null,
            "content": "(a) 'Government' means the Government of Bihar;\n(b) 'Orders of the Government' means executive orders passed in exercise of powers given under Rules of Executive Business framed under Article 166 of the Constitution of India;\n(c) 'Probationer' means a person appointed to a service on probation;\n(d) 'Civil Services cadre' means all classes of Civil Services of the State and it includes also all other similar cadre or extra cadre existing posts under the State Government of Bihar.\n(e) 'Post' means any existing post under the services of the State Government of Bihar.\n(f) 'Appointing authority' in relation to a Government servant means the authority-\n(i) who is empowered to make appointments to the Service of which the government servant is for the time being a member, or\n(ii) who is empowered to make appointments to the post which the Government Servant for the time being holds, or\n(iii) who has appointed the Government Servant to such Service, grade or post, as the case may be, or\n(iv) where the Government Servant having been a permanent member of any other Service or having substantively held any other permanent post, has been in continuous employment of the Government, such authority who appointed him to that Service or to any grade in that Service or to that Post,\n(g) 'Cadre authority' in relation to a service, has the same meaning as in the Rules regulating that service;\n(h) 'Commission' means the Bihar Public Service Commission;\n(i) 'Department of the Government of Bihar' means a department as specified in the Rules of Executive Business;\n(j) Save as otherwise expressly provided in the Rules of a particular cadre, 'Disciplinary Authority' means Appointing Authority or any other Authority authorised by it who shall be competent under these Rules to impose on a government servant any of the penalties specified in Rule 14 of these Rules;\n(k) 'Government servant' means a person who-\n(i) is a member of a service or holds a civil post under the State and it includes any such person on foreign service or whose services are temporarily entrusted to the Government, or a local or other authority;\n(ii) is a member of a service or holds a civil post under the Government and whose services are temporarily entrusted to the Union Government or any other State Government;\n(l) 'Head of the department' for the purpose of exercising the powers as appointing, disciplinary, appellate or revisional authority, means such authority who is declared as the head of the Department under the Bihar Service Code;\n(m) 'Head of the office, for the purpose of exercising the powers as appointing disciplinary, appellate or revisional authority, means such authority who is declared to be the Head of the Office;\n(n) 'Secretary' means a Secretary to the Government in any Department;\n(o) 'Service' means a civil service of the State;\n(p) 'Valid notice' means a notice as provided under C.P.C. and the General Clauses Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Application of these Rules.",
            "chapter": null,
            "content": "(a) any member of the All India Services,\n(b) any person in casual employment,\n(c) any person subject to discharge from service on less than one month's notice,\n(d) any person for whom special provision is made, in respect of matter covered by these Rules, by or under any law for the time being in force or by or under any agreement entered into with the previous approval of the Government before or after the commencement of these Rules, in regard to matter covered by such special provisions.\nPart II\nClassification",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Classification of Civil Services.",
            "chapter": null,
            "content": "(i) Group-A\n(ii) Group-B\n(iii) Group-C\n(iv) Group-D",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Constitution of Civil Services.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Classification of posts.",
            "chapter": null,
            "content": "(i) Group-A\n(ii) Group-B\n(iii) Group-C\n(iv) Group-D\nPart III\nAppointing Authority",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Appointment in Group A and Group B of Civil Services.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Appointments to other Services and Posts.",
            "chapter": null,
            "content": "Part IV\nSuspension",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Order of Suspension.",
            "chapter": null,
            "content": "(a) a disciplinary proceeding against the Government Servant is contemplated or is pending, or\n(b) in the opinion of the authority aforesaid, the government servant has engaged himself or herself in activities prejudicial to the interest of the security of the State, or\n(c) a case against the government servant in respect of any criminal offence is under investigation, inquiry or trial and the competent authority is satisfied that it is expedient to suspend the Government Servant in public interest.\n(a) from the date of his or her detention, if he or she is detained in custody, whether on a criminal charge or otherwise for a period exceeding forty-eight hours;\n(b) from the date of his or her conviction, if, in the event of a conviction for an offence he or she is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.\n(ii) If a decision is taken to suspend the Government Servant again under sub-rule (1)(a), or (b) or (c), then such action may be taken only after acceptance of joining and by issuing a separate order.\n(b) Where a Government Servant is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise), and any other disciplinary proceeding is commenced against him or her during the continuance of that suspension, the authority, competent to place him or her under suspension, may, for reasons to be recorded by it in writing, direct that the Government Servant shall continue to be under suspension till the termination of all or any of such proceedings.\n(c) An order of suspension made or deemed to have been made under this Rule may, at any time, be modified or revoked by the same authority who or whose subordinate authority has passed such order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Subsistence allowance during suspension",
            "chapter": null,
            "content": "(i) the amount of subsistence allowance may be increased by such a suitable amount, which shall not be exceeding fifty per cent of the subsistence allowance admissible during the period of the first twelve months, if in the opinion of the said authority, the period of suspension has been prolonged for which, for reasons to be recorded in writing, the Government Servant is not responsible.\n(ii) the amount of subsistence allowance may be reduced by such a suitable amount which shall not be exceeding fifty per cent of the subsistence allowance admissible during the period of first twelve months, if, in the opinion of the said authority, the period of suspension has been prolonged, for which, for reasons to be recorded in the writing, the Government Servant is responsible.\n(iii) the rate of dearness allowance will be based on the rates increased or, the reduced amount, as the case may be, of subsistence allowance admissible under sub-clause (i) or sub-clause (ii) of this Rule :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Treatment of service on reinstatement and admissibility of pay and allowances after suspension.",
            "chapter": null,
            "content": "(a) the pay and allowances to be paid to the government servant for the period of suspension ending with reinstatement or the date of his retirement on superannuation, as the case may be, and\n(b) whether or not the said period shall be treated as a period spent on duty.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Treatment of service on reinstatement and admissibility of pay and allowances after dismissal, removal or compulsory retirement as a result of appeal.",
            "chapter": null,
            "content": "(a) regarding the pay and allowances to be paid to the government servant for the period of his absence from duty including the period of suspension preceding his dismissal, removal, or compulsory retirement, as the case may be; and\n(b) whether or not the said period shall be treated as a period spent on duty.\n(i) where the disciplinary authority is of opinion that the Government Servant who had been dismissed, removed or compulsorily retired has been fully exonerated, or\n(ii) where the order of dismissal, removal or compulsory retirement from service is set aside by the appellate authority solely on the ground of noncompliance of the requirement of these Rules and no further inquiry is proposed to be held :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Treatment of service on reinstatement and admissibility of pay and allowances where dismissal, removal or compulsory retirement is set aside by a court of law.",
            "chapter": null,
            "content": "(ii) The period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of judgement of the court shall be regularised in accordance with the provisions contained in sub-rule (5) of Rule 12.\nPart-V\nPenalties and Disciplinary Authorities\n[14. Minor and Major Penalties.\n(i) censure;\n(ii) withholding of promotion;\n(iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders;\n(iv) reduction to a lower stage in the time-scale of pay for a period not exceeding three years, without cumulative effect;\n(v) withholding of increments of pay without cumulative effect.\n(vi) Withholding of increments of pay with cumulative effect.\n(vii) Save as provided for in clause (iv), reduction to a lower stage in time-scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period the reduction will or will not have the effect of postponing the future increments of his pay;\n(viii) reduction to a lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government servant to the time-scale of pay, grade, post or service from which he or she was reduced, with or without further directions regarding conditions of restoration to the grade or post or service from which the Government servant was reduced and his seniority and pay on such restoration to that grade, post or service;\n(ix) compulsory retirement;\n(x) removal from service which shall not be a disqualification for future employment under the Government;\n(xi) dismissal from service which shall ordinarily be a disqualification for future employment under the Government:\nExplanation (1).\n(i) withholding of increments of pay of a Government servant for his failure to pass any departmental examination in accordance with the Rules or orders governing the service to which he belongs or post which he holds or the terms of his appointment;\n(ii) withholding of promotion of a Government servant after consideration of his case to a service, grade or post for which he is eligible, whether he is in a substantive or in officiating capacity;\n(iii) non-promotion of a Government servant, whether in a substantive or officiating capacity, after consideration of his case, to a Service, grade or post of promotion to which he is eligible;\n(iv) reversion of a Government servant officiating in a higher-Service, grade, or post to a lower Service, grade or post or on any administrative ground unconnected with his conduct;\n(v) reversion of a Government servant, appointed on probation to any other Service, grade or post to his permanent Service, grade or post during or at the end of the period of probation in accordance with the terms and conditions of his appointment or the Rules and order governing such probation;\n(vi) replacement of the services of a Government servant, whose services had been borrowed from a State Government or an authority under the control of a State Government, at the disposal of the State Government or the authority from which the services of such Government servant had been borrowed;\n(vii) compulsory retirement of a Government servant in accordance with the provisions relating to superannuation or retirement under Rule 74 of the Bihar Service Code;\n(viii) termination of the service-\n(a) of a Government Servant appointed on probation, during or at the end of the period of his probation, in accordance with the terms and conditions of his appointment or the Rules and orders governing such probation; or\n(b) of a Government Servant, employed under an agreement, in accordance with the terms of such agreement.]\nExplanation (2).\n(i) Censure. - 'The Censure shall be entered in the character roll of the year the allegation or omission & commission. The adverse effect of censure on the confirmation and promotion of concerned Government Servant shall be for next three consecutive years after the year of allegation or omission & commission for which he or she is censured. For example, if a Government Servant is censured for the allegation or omission & commission of the year 2002-2003, it shall be entered in the character roll of 2002-2003 and its adverse effect shall be from the year 2003-2004 to 2005-2006.\n(ii) Withholding of Promotion. - While awarding the penalty of withholding of promotion, it shall be essential to explain in the order of the disciplinary authority whether this penalty shall be for a particular period or for the whole service period.\n(iii) Reduction to a lower stage in the time-scale of pay for a period not exceeding three years, without cumulative effect. - This penalty shall be effective from the date of issue of order. In this penalty the 'stage' means the stage of pay scale. As it is without cumulative effect, therefore after the expiry of the period of penalty the next stage shall be admissible adding the benefit of all the effected stages.\n(iv) Withholding of increments of pay without cumulative effect. -  Such penalty shall be effective from the date of issue of order, i.e. the increments due after the issue of the order shall be withheld. It will be essential to mention clearly the number of annual increments withheld in the order by the disciplinary authority. After the communication of order of penalty the increment shall remain withheld from the due date of next increment. For example, if two increments of a Government Servant are withheld without cumulative effect, it will mean that after the date of communication of order of penalty, from the due date of next increment till one year the first increment and from the second due date till one year the second increment shall remain withheld. As the penalty is without cumulative effect, the salary from the due date of third increment after the withholding of increments shall be paid with increment after adding the stages of both the withheld increments, but the financial benefit of withheld period shall not be admissible.\n(v) Withholding of increments of pay with cumulative effect. - Such penalty shall be effective from the date of issue of order, i.e. the increments due after the issue of the order shall be withheld. It will be essential to mention clearly the number of annual increments withheld in the order by the disciplinary authority. After the communication of order of penalty the increment shall remain withheld from the due date of next increment. For example, if two increments of a Government Servant are withheld with cumulative effect it will mean that after the date of communication of order of penalty, from the due date of next increment till one year the first increment and from the second due date till one year the second increment shall remain withheld. The cumulative effect shall be for such number of years as is the increments withheld, but as the penalty is with cumulative effect therefore the withheld increments shall remain withheld for the whole service period. Under these circumstances, the salary from the due date of third increment after the withholding of increments shall be paid with increment without adding the stage of both the withheld increments.\n(vi) Reduction to a lower stage in time-scale of pay for a specified period, with further directions as to whether or not the Government Servant will earn increments of pay during the period of such reduction and whether on the expiry of such period the reduction will or will not have the effect of postponing the future increments of his pay. - It shall be essential to mention clearly in the order the period of effect of such penalty and also whether annual increment will be earned during such period or not. It shall also be essential to explain whether on the expiry of period of penalty, further increments will be automatically admissible or will remain postponed, and if postponed the period of such postponement.\n(vii) Reduction to a lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government Servant to the time-scale of pay, grade, post or service from which he or she was reduced, with or without further directions regarding conditions of restoration to the grade or post or service from which the Government Servant was reduced and his seniority and pay on such restoration to that grade, post or service. -  It shall be essential to mention clearly in the order concerning this penalty whether its limit of effect shall be permanent or for indefinite period, or not. If the intention is not to make its limit of effect permanent or for indefinite period, in that case it shall be essential to mention the period of such reduction and the conditions of restoration after the completion of period of such reduction in the proposed penalty. Therefore, it shall be desirable for the disciplinary authority to invariably specify the following instructions in the order of penalty-\n(a) the period of reduction, unless the clear intention is that the reduction should be permanent or for an indefinite period;\n(b) where the period of reduction is specified whether on the expiry of the period the Government Servant is to be promoted automatically to the post from which he was reduced; and\n(c) whether on such re-promotion, the Government Servant will regain his original seniority in the higher service, grade or post or higher time-scale which had been assigned to him prior to the imposition of the penalty.\nExplanation (3)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "15",
            "title": "15. Disciplinary Authorities.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "16",
            "title": "16. Authority to institute proceedings.",
            "chapter": null,
            "content": "(a) institute disciplinary proceedings against any Government Servant;\n(b) direct a disciplinary authority to institute disciplinary proceedings against any Government Servant on whom that disciplinary authority is competent to impose any of the penalties specified in Rule 14 under these Rules.\nPart-VI\nProcedure for Imposing Penalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "17",
            "title": "17. Procedure for imposing major penalties.",
            "chapter": null,
            "content": "Explanation.\n(i) the substance of the imputations of misconduct or misbehaviour as a definite and distinct article of charge;\n(ii) a statement of the imputations of misconduct or misbehaviour in support of each article of charge, which shall contain-\n(a) a statement of all relevant facts including any admission or confession made by the Government Servant;\n(b) a list of such document by which, and a list of such witnesses by whom, the articles of charge are proposed to be sustained.\n(b) If no written statement of defence is submitted by the Government Servant, the disciplinary authority may itself inquire into the articles of charge or may, if it thinks necessary to appoint, under sub-rule (2) of this Rule an inquiry authority for the purpose, it may do so.\n(c) Where the disciplinary authority itself inquires into any article of charge or appoints an inquiring authority for holding an inquiry about such charge, it may, by an order, appoint a government servant or a legal practitioner to be known as the \"Presenting officer' to present on his behalf the case in support of the articles of charge.\n(i) a copy of the articles of charge and the statement of the imputations of misconduct or misbehaviour;\n(ii) a copy of the written statement of defence, if any, submitted by the government servant:\n(iii) a copy of the statement of witnesses, if any, specified in sub-rule (3) of this Rule.\n(iv) evidence proving the delivery of the documents specified to in sub-Rule (3) to the Government Servant; and\n(v) a copy of the order appointing the \"Presenting officer\".\n(b) The Government Servant may take the assistance of a retired government servant to present the case on his behalf, subject to such conditions as may be specified by the Government from time to time by general or special order in this behalf.\n(i) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list in sub-rule (3);\n(ii) submit a list of witnesses to be examined on his behalf;\nNote: -If the Government Servant applies in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-rule (3), the inquiring authority shall furnish him with such copies as early as possible.\nNote:\n(iii) give a notice within ten days of the order or within such further time as the inquiring authority may allow for the discovery or production of any documents which are in the possession of Government but not mentioned in the list specified in sub-rule (3) of this Rule:\n(b) The disciplinary authority to which the records are so forwarded may act on the evidence on the records or may, if he is of the opinion that further examination of any of the witnesses is necessary in the interests of justice, recall the witnesses and examine, cross-examine and re-examine the witnesses and may impose on the Government Servant such penalties as it may deem fit in accordance with these Rules.\n(a) the articles of charge and the statement of the imputations of misconduct or misbehaviour;\n(b) the defence of the Government Servant in respect of each article of charge.\n(c) an assessment of the evidence in respect of each article of charge,\n(d) the findings on each article of charge and the reasons thereof.\nExplanation.\n(ii) The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include-\n(a) the report prepared by it under clause (i) of this sub rule;\n(b) the written statement of defence, if any, submitted by the Government Servant;\n(c) the oral and documentary evidence produced in the course of the inquiry;\n(d) written briefs, if any, filed by the Presenting Officer or the Government Servant or both during the course of the inquiry; and\n(e) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "18",
            "title": "18. Action on the inquiry report.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "19",
            "title": "19. Procedure for imposing minor penalties.",
            "chapter": null,
            "content": "(a) informing the Government Servant in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him reasonable opportunity of making such representation as he may wish to make against the proposal;\n(b) holding an inquiry in the manner laid down in sub-rules (3) to (23) of Rule 17, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;\n(c) taking the representation, if any, submitted by the Government Servant under clause (a) and the record of inquiry, if any, held under clause (b) into consideration;\n(d) recording a finding on each imputation of misconduct or misbehaviour; and\n(e) consulting the Commission where such consultation is necessary.\n(i) a copy of the intimation to the Government Servant of the proposal to take action against him;\n(ii) a copy of the statement of imputations of misconduct or misbehaviour delivered\tto him;\n(iii) his representation if any;\n(iv) the evidence produced during the inquiry;\n(v) the advice of the Commission, if any;\n(vi) the findings of each imputation of misconduct or misbehaviour; and\n(vii) the orders on the case together with the reasons therefor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "20",
            "title": "20. Special procedure in certain cases.",
            "chapter": null,
            "content": "(i) where any penalty is imposed on a Government Servant on the ground of conduct which has led to his conviction on a criminal charge, or\n(ii) where the disciplinary authority is satisfied for reasons to be recorded by him in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these Rules, or\n(iii) where the Government is satisfied that in the interest of the State, it is not expedient to hold any inquiry in the manner provided in these Rules, the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "21",
            "title": "21. Communication of Orders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "22",
            "title": "22. Common Proceedings.",
            "chapter": null,
            "content": "Note. -If the authorities competent to impose the penalty of dismissal on such Government Servants are different an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.\nNote.\n(i) the authority which may function as the disciplinary authority for the purpose of such common proceeding;\n(ii) the penalties specified in Rule 14 which such disciplinary authority shall be competent to impose;\n(iii) whether the procedure laid down in Rule 17 and Rule 18 or Rule 19 shall be followed in the proceeding.\nPart-VII\nAppeals",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "23",
            "title": "23. Orders against which appeal lies.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "24",
            "title": "24. Appellate Authorities.",
            "chapter": null,
            "content": "(i) where such Government Servant is or was a member of Civil Service, Group-A or Group-B or holder of Civil Post, Group-A or Group-B,-\n(a) to the appointing authority, where the order appealed against is made by an authority subordinate to it; or\n(b) to the Government where such order is made by any other authority;\n(ii) where such Government servant is or was a member of a Civil Service, Group-C or Group-D, to the authority to which the authority making the order appealed against is immediately subordinate.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "25",
            "title": "25. Period of limitation for appeals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "26",
            "title": "26. Forms and content of appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "27",
            "title": "27. Consideration of appeal.",
            "chapter": null,
            "content": "(a) whether the procedure laid down in these Rules has been complied with and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of justice;\n(b) whether the findings of the disciplinary authority are warranted by the evidence on the record; and\n(c) whether the penalty imposed is adequate, inadequate or severe; and pass orders-\n(i) confirming, enhancing, reducing, or setting aside the penalty; or\n(ii) remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case :\n(i) the Commission shall be consulted in all cases where such consultation is necessary;\n(ii) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (i) to (v) of Rule 14 and an inquiry under Rule 17 has not already been held in the case, the appellate authority shall, subject to the provisions of Rule 19, himself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 18 and thereafter on a consideration of the proceedings of such inquiry and after giving the appellant a reasonable opportunity, as far as may be in accordance with the provisions of clause (ii) of Rule 18, of making a representation against the penalty proposed on the basis of the evidence adduced during such inquiry, make such orders as it may deem fit;\n(iii) if the enhanced penalty which the appellate authority proposed to impose is one of the penalties specified in clauses (i) to (v) of Rule 14 and an inquiry under Rule 17 has already been held in the case, the appellate authority shall, make such orders as it may deem fit, after the appellant has been given a reasonable opportunity of making a representation against the proposed penalty; and\n(iv) no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be, of making a representation against such enhanced penalty.\nPart-VIII\nRevision",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "28",
            "title": "28. Revision",
            "chapter": null,
            "content": "(i) the Government, or\n(ii) the head of a department directly under the Government, in the case of a Government servant serving in a department or office, under the control of such head of a department, or\n(iii) the appellate authority, or\n(iv) any other authority specified in this behalf by the Government by a general or special order, and within such time as may be prescribed in such general or special order,\n(a) confirm, modify or set aside the order, or\n(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed, or\n(c) remit the case to the authority, making the order or to any other authority, directing such authority, to make such further inquiry as he may consider proper in the circumstances of the case, or\n(d) pass such other orders aS it may deem fit:\n(i) the authority which made the order in appeal, or\n(ii) the authority to which an appeal would lie, where no appeal has been preferred, is subordinate to him.\n(i) the expiry of the period of limitation for an appeal, or\n(ii) the disposal of the appeal, where any such appeal has been preferred.\nPart-IX\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "29",
            "title": "29. Power to relax time limit and to condone delay.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "30",
            "title": "30. Overriding effect of these Rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "31",
            "title": "31. Power of the Government to make Regulation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "32",
            "title": "32. Repeal and Savings.",
            "chapter": null,
            "content": "Civil Services (Classification, Control and Appeal) Rules, 1930 and the Bihar and Orissa Subordinate Services (Discipline and Appeal) Rules, 1935 as well as Notifications making amendments in the said two Rules are hereby repealed.\n(2) All instructions issued under the Civil Services (Classification, Control & Appeal) Rules, 1930 and the Bihar and Orissa Subordinate Services (Discipline and Appeal) Rules, 1935 from time to time are hereby repealed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "33",
            "title": "33. Removal of doubts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        }
    ],
    "metadata": {
        "Act ID": "bh289",
        "Act Number": "Published vide Notification No. 3/M-1-16/2001-Ka-1112, dated-12.7.2005, Bihar Gazette (Extraordinary) dated 13.7.2005",
        "Enactment Date": "",
        "Act Year": "2005",
        "Short Title": "Bihar Government Servants (Classification, Control & Appeal) Rules, 2005",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}