859. Application for posts in another Government Office or Department.
- The following is the text of (i) the Bihar Government Servants' Application for Posts Rules 1956 and (ii) The Bihar Government Servants, (Application for Private Employment) Rules, 1956.The Bihar Government Servants' Applications for Posts Rules, 1956. - (1) These Rules may be called the Bihar Government Servants, Applications for Posts Rules, 1956.(2)An applicant for appointment to a post or service under the administrative control of the Government of Bihar, shall not be eligible for appointment if he is in the service of the Union or of a State and has applied without the consent of the head of the office or department of the Government of Bihar or the consent of the State Government, or the Government of India, as the case may be, under whom he is employed, or the consent of any authority empowered in this behalf by any such Government.(3)Permission to a Government servant employed in a service or post under the administrative control of the Government of Bihar shall-(a)if he is a temporary Government servant, ordinarily be granted to submit an application for a post, to appear for an examination for a post or for transfer of service to a post, in another office or department of the Government of Bihar, or under another State Government or the Government of India, as the case may be, if the post applied for is permanent, or is in a higher grade, or is a temporary one of longer duration.(b)If he is a permanent Government servant:-(i)ordinarily be granted for appointment to or for appearing at an examination or selection for appointment to an All-India Service or to a post in a Central Service.(ii)ordinarily be not granted, save for exceptional reasons to be recorded in writing, for appointment to a post or service under another State Government, or for appointment to any post under the Government of India, other than those specified in clause (i) of this sub-rule.(iii)ordinarily be not granted to submit an application for a post, or for transfer of service to a post in another office or Department of the Government of Bihar, unless the Head of the Office or the Department, or the authority empowered under rule 2, is of the opinion that the grant of permission would be in the interests of the public service:Provided that in the case of a Government servant, who holds a lien on a post under another State Government or under the administrative control of the Government of Bihar, the concurrence of the State Government Concerned or of the Government of India, as the case may be, shall be obtained before permission is granted, (c) Notwithstanding anything contained in clauses (a) and (b) of this rule, where the Government servant concerned, whether holding a temporary or permanent appointment, cannot be spared without serious detriment to the public service, the authority empowered to forward his application may withhold the application even though, otherwise his application would normally have been forwarded under these rules.(4)The authority forwarding an application under these Rules, will decide in each case the period likely to be taken for relief of the applicant, after intimation of his appointment has been received. Where an application has been forwarded under the selection for appointment, he shall be released by the authority who forwarded the application, unless circumstances of a very exceptional nature have arisen in the meantime which justify a refusal to his being relieved.(Government notification no. 9085, dated the 4th October, 1956.)
