Section 166 in Bihar Board's Miscellaneous Rules, 1958
166. Dismissal, removal or reduction in rank.
- (i) Without prejudice to the provisions of the Public Servants Enquiries Act, 1850, no order of dismissal, removal or reduction shall be passed on a Government servant unless he has been informed in writing of the grounds on which it is proposed to take action and has been afforded a reasonable opportunity of defending himself. The grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges, which shall be communicated to the person charged together with a statement of the allegations on which each charge is based and of any other circumstances which it is proposed to take into consideration in passing orders on the case. He shall be required, within a fortnight, to put in a written statement of his defence and to state whether he desires to be heard in person. If he so desires or if the authority concerned so directs, an oral enquiry shall be held. At that enquiry, oral evidence shall be heard as to such of the allegations as are not admitted and the person charged shall be entitled to cross-examine the witnesses called, as he may wish. Provided that the officer conducting the enquiry may for special and sufficient reasons to be recorded in writing refuse to call a witness.The examination and cross-examination of prosecution and defence witnesses will be completed within a month.(ii)[ After the enquiry against the person charged has been completed to impose a penalty has arrived at a conclusion with regard to the penalty to be imposed, he shall pass such orders as he deems fit.] [Substituted by S.O. 567 dated 19.4.1989.]Note. - When the orders for punishment are passed by an authority other than the persons conducting the enquiry it shall be sufficient for the authority passing orders of punishment to record his agreement or disagreement with the person conducting the enquiry. Provided that due regard shall be paid to the provisions of Rule 3 of Bihar and Orissa Subordinate Services Discipline and Appeal Rules.(iii)With a view to securing prompt initiation and speedy disposal of all departmental proceedings the officers entrusted with the conduct of disciplinary enquiries particularly in cases of bribery and corruption, while giving reasonable facilities to the accused to make their defence, should mainly confine themselves to the essentials of the prescribed procedure and should firmly resist any tendency on the part of accused officers to adopt dilatory tactics. Detailed instructions regarding the manner in which disciplinary cases are to be dealt with have been laid down in Mr. L.R Singh's letter No. A-189, dated the 9th January,1953, which is incorporated in Appendix J. These instructions should be meticulously followed by all officers required to conduct departmental proceedings.(iv)In departmental proceedings the option of engaging a lawyer at their own cost should be allowed to gazetted officers when formal enquiries are conducted after the framing of a charge or charges against them. In the case of a non-gazetted officer, the officer conducting the enquiry should be allowed discretion whether to allow the officer concerned the option of engaging a lawyer at his own cost or not.
