Section 26A in The Bihar Civil Service (Executive Branch) and the Bihar Junior Civil Service (Recruitment) Rules, 1951
26A. [ [Added New Rule, 26-A vide G.S.R. 9, dated 28th February, 1978, published in Bihar Gazette, of India, Extraordinary, dated March 1, 1978.]
(1)Promotion to Junior Selection Grade shall be made from amongst the officers whose names find place in the Sub-divisional Officers' list mentioned in sub-rule (2) of this Rule, in the order in which the names of officers are arranged in the said list, so however, that due representation in promotion to Junior Selection Grade is accorded to the officers belonging to Scheduled Castes and Scheduled Tribes in accordance with the reservation rules in force.(2)(i)A list of officers fit to hold charge of a sub-division shall be prepared in each year by a Departmental Promotion Committee to be constituted in terms of the Government Resolution contained in Personnel Department's Memo No. 22576, dated the 27th November, 1976.(ii)The selection shall be made on the basis of merit to be assessed from the up-to-date service records with due regard for seniority, from amongst the officers of the Bihar Civil Service (Executive Branch) who have completed not less than 5 years of continuous service in the Bihar Civil Service (Executive Branch) on the 1st day of January of the year in which the list is prepared. The above period of service shall be reduced by one year in the case of officers belonging to Scheduled Castes and Scheduled Tribes, if adequate number of officers of those castes with prescribed minimum length of service are not available in the required proportion for the purposes of sub-rule (i):Provided that those officers who were included in the list in force immediately before the date of the meeting of the Departmental Promotion Committees, shall on inclusion in the fresh list, be placed over all the officers selected for the first time.(iii)(a)Recommendations made by the Departmental Promotion Committee in which the Public Service Commission is associated, shall be taken as the recommendation of the Commission.(b)In cases where consultation with the Public Service Commission is compulsory, under Article 320 of the Constitution of India, or any other law or Rule framed by the Government of Bihar or the Government of India, or where the Chairman or a Member of the Commission presiding over the Departmental Promotion Committee desires a particular case to be considered by the Commission as a whole, the list of officers thus prepared shall be forwarded to the Commission, alongwith their up-to-date service records. Likewise such service records of those officers, who are proposed to be passed over, shall also be sent to the Commission. The Commission shall, in such cases, advise the Governor in respect of suitability of each officer for inclusion in the list.(iv)The final selection of officers for inclusion in the list shall be made by the Governor after taking into consideration the recommendations of the Departmental Promotion Committee and/ or the advise of the Commission, as the case may be.]
