Section 167 in Bihar Board's Miscellaneous Rules, 1958
167. Proceedings.
- The proceedings shall be drawn up in the form given in Appendix K and shall contain the following particulars:-(a)Name, rank and grade of the officer proceeded against.(b)Details of charges. - Each charge must be specific. Charges should be drawn up and separately numbered and should give the date, occasion and nature of the offence committed. A copy of the charges should be given to the officer charged.(c)Defence. - If the officer charged can write, he should be permitted to submit his defence in writing. The defence submitted in writing should be attached to the proceedings. In cases of illiterate men the enquiring officer may himself record the defence. The written statement of defence should be submitted within a fortnight from the date of communication of the charges to the officer accused.(d)Evidence. - A memorandum of evidence should be prepared. Where the full statement of witnesses has been recorded in English or Hindi, it should be attached to the proceedings.(e)Character of the officer charged. - The character roll of the officer should be examined and a note made regarding the good and bad work done by the officer in the past.(f)Findings. - The enquiring officer must conclude the proceedings and submit his final report within two weeks after cause has been shown by the officer proceeded against. Each charge should be examined in the light of the defence and the evidence and a clear finding on each charge should be recorded by the enquiring officer.(g)[ Order. - The Officer who is competent to pass orders of dismissal, removal or reduction in rank should consider the findings alongwith the past records of the person concerned and if he is of the opinion that any of these penalties should be imposed, he shall record an order imposing such penalty. If the penalty imposed is other than dismissal or removal, the order should clearly indicate how the period of suspension if any, should be treated and at what rate subsistence allowance together with cost of living allowance, house rent etc. is to be paid.] [Substituted By S.O. No. 567 dated 19.4.1989.]Note. - Final order in a case in which an officer has been prosecuted should issue as soon as the judicial proceedings have concluded without waiting for the result of an appeal, if any, in a higher Court of law.](h)Appeal. - (i) If appeal has been preferred, order of the appellate authority should form part of the record.(ii)An order-sheet should invariably be used from the beginning and the record of the proceedings should be prepared as the case is gone into from day to day and not after the case has been decided. The order-sheet shall form part of the proceedings.(iii)In order that copies of whole of proceedings may without objection be supplied to officers punished, authority conducting such a proceeding must base his findings and orders on facts and inferences appearing in or deduced from the record and should not refer to confidential papers which cannot be embodied, in the record.Note. - All or any of the provisions of clause (i) above may, in exceptional cases for special and sufficient reasons to be recorded in writing, be waived where there is a difficulty in observing exactly the requirements of the Rule and those requirements can be waived without injustice to the person charged.(iv)The full procedure indicated above need not be followed in the case of a probationer discharged in the circumstances described in explanation II to Rule 2 of the Subordinate Service Discipline and Appeal Rules, 1935, or the corresponding provisions in the Civil Services (Classification, Control and Appeal) Rules. In such cases it will be sufficient if the probationer is given an opportunity to show cause in writing against the discharge after being apprised of the grounds on which it is proposed to discharge him and his reply against the discharge duly considered before orders are passed.(v)If from the facts elicited in a criminal case brought against a Government servant in which he has not been convicted or in a civil suit instituted against him, it is apparent that his retention in the public service is prima facie no longer desirable, such facts may be used as the basis of an order calling on him to show-cause why he should not be punished by dismissal or otherwise. In such a case the officer concerned should have an opportunity of submitting his defence and tendering such further evidence as he may see fit to produce.
