79. Powers delegated to the District Education Officer.
- District Education Officers are empowered:-(1)to make appointments to all classes of the lower subordinate service;(2)to make appointments of teachers and Sub-Inspectors in the Lower Division of the Subordinate Educational Service out of the district wise list of suitable candidates prepared by the Division Selection Board;Notes. - (i) In the event of an urgent and unforeseen vacancy District Education Officer may make temporary appointments without prior reference to the Director for a period not exceeding three months.(ii)In case of teachers, if the need is so urgent as to make it difficult for an appointment to be made out of the list, the District Education Officer may permit the managing committee of the school to make a temporary appointment for a period not exceeding one month after advertising the post locally; and(iii)District Education Officers should furnish the Director by the 15th April every year, the particulars of qualifications categories, etc., of all vacancies that are likely to occur within the following year.(3)to make appointments to all posts within or outside the grade services on an initial pay of Rs. 190 or less;(4)to grant leave, or extension of leave other than leave under rules 183,191, 202, 203, 105 and rule 20 of Appendix 9 of the Bihar Service Code, provided the officer on leave will on his return be under the District Education Officer's administrative control up to the extent admissible to subordinate officers drawing Rs. 190 or less in the lower division of the Subordinate Educational Service and up to six months to subordinate officer whose pay exceeds Rs. 150 but does not exceed Rs. 350 in the Upper Division of the Subordinate Educational Service and to make temporary arrangement on the allowance admissible under rules and to require a medical certificate of fitness before return from leave, in the case of such officer granted leave for reasons of health;Note. - Leave granted to officers who are appointed by the Director must be notified to him for record and, in the cases of officers Upper Division of the Subordinate Educational Service, for publication in the Gazette.(5)to promote subordinate officers in the Lower Division of the Subordinate Educational Service. These promotions are to be made at a conference of District Educational Officer presided over by the Regional Deputy Director of Education;(6)to suspend and impose punishment other than degradation or dismissal in accordance with the rules in force, in regard to subordinate officer drawing salaries of Rs. 350 or less and to make subsistence grants to suspended officers;(7)to order reduction in rank or dismissal and to sanction extension of service up to the age of 60 years or to recommend compulsory retirement under Article 74 of the Bihar Service Code with regard to subordinate officers drawing Rs. 190 or less in the Lower Division of the Subordinate Educational Service and to make subsistence grant to suspend officers;(8)to grant pensions to all subordinate officers drawing salaries of Rs. 190 in the Lower Division of the Subordinate Educational Service or less;(9)to withhold increments of pay in the case of the officer mentioned in clauses (1), (2) and (3) of this Article;(10)to reduce the pay and allowances of a Government servant treated as on duty in the case f the officer mentioned in clauses (2) and (3) of this Article;(11)to reduce the pay of an officiating Government servant in case where the District Education Officer has the power to make an officiating appointment to the post concerned;(12)to transfer, within their jurisdiction, officers under their control drawing Rs. 350 in the Upper Division of the Subordinate Educational Service or less, subject to the following rules:-no officer shall be transferred from the teaching or inspecting to the clerical line or vice versa without the consent of the Regional Deputy Director of Education. Officers under their control drawing not more than 190 Lower Division of the Subordinate Educational Service a month may be transferred by District Education Officers from the inspecting to the teaching line or vice versa with the restriction that no such transfers should take place from one service to another, e.g., from the Lower Subordinate Service to the Subordinate Educational Service.Notes. - (a) The District Education Officer is required to submit to the Director a report every half year, viz., on the 1st April and 1st October, showing what transfers he has thus effected.(b)All transfers of inspecting officers or other officers in the Upper Division of the Subordinate Educational Service shall be notified to the Regional Deputy Director of Education and Director for Publication and record.(c)Teachers serving in a Basic School should not, ordinarily, be transferred from one school to another unless they have completed three years of service in one school except in special circumstances. In such cases the officer ordering the transfer should send a report to his next higher authority stating the grounds for making such transfers.(D.P.I.'s no. 616, dated the 22nd February, 1961)(13)to sanction expenditure on books and publications within the limit of the budget grants for the purpose and in any other item of special contingencies (or on field allowance) up to Rs. 100 at a time subject to the existence of budget provision;(15)to transfer savings in the grant for special or regular contingencies from one subordinate office to another provided that no re-appropriation of funds is involved;(16)to countersign the travelling allowance bills of all officers subordinate to them;(17)to submit indents for forms and envelopes direct to the Superintendent of Government Printing at Gaya;(18)Subject to the provision of Article 358 and of this Code to sell or dispose of worn out or obsolete machinery, tools, tents, furniture and apparatus up to a limit of Rs. 100 for each article, the sale being public and the proceeds deposited in the treasury.(19)to distribute at their discretion the allotments placed at their disposal under each primary unit of appropriation;(20)to sanction the purchase of any article of foreign manufacture the value of which does not exceed Rs. 250 but a District Education Officer has power up to Rs. 500-(a) where the article is already in India at the time of the order or is already in the way out and its price and quality are not unfavourable when from the Stores Department or (b) in cases of emergency or when inconvenience to the public would be caused by waiting to obtain an article through the Stores Department or when, owing to the greater promptitude of supply, economy can be effected by purchase in India;(21)to countersign and draw the bills for middle scholarships due t Hindu and Mahammadan girls who are unable to attend any recognized schools but are permitted to draw the scholarships in accordance with Article 652;Note. - The District Inspectress concerned will send a certificate as to the satisfactory progress of the scholar to the District Education Officer, who will then draw the scholarship and remit it to the scholar;(22)to grant leave in accordance with the rules to holders of upper primary and middle scholarships reading in the Aided High/Higher Secondary schools under their control;(23)to sanction special grants for libraries, furniture, equipment, or buildings up to a limit of Rs. 500 in each case;(24)to sanction recurring grants to the schools, other than High or Higher Secondary Schools, under their control in accordance with the rules in force;(25)to approve the site, plan and estimate for a building for a school managed by a local body where the cost does not exceed Rs. 6,000;(26)to approve the site, plan and estimate for additions to recognized high schools where the cost does not exceed Rs. 6,000;(27)to grant free-studentships to time-expired scholars in the highest class of Government High/Higher Secondary schools for the period between the close of the calendar year previous to that in which they appear at the Secondary School/ Higher Secondary Examination and the date of that examination and to grant free tuition in accordance with the Article 641 to time-expired upper primary and lower primary scholars in Government Middle schools;(28)subject to the provisions of Article 358 of this Code, to appoint Superintendents of hostels attached to Government schools when the total emoluments do not exceed Rs. 240 per mensem;(29)to vary the details (namely) the rates of pay of particular posts, the number of persons employed and the period of employment) of the appointment of any temporary establishments employed under them whatever the period of their employment, subject to the following conditions:-(a)that the cost of the temporary establishment shall not be raised beyond the total amount sanctioned for the establishment by the authority which sanctioned its employment;(b)that where the authority which sanctioned the employment of the temporary establishment is the State Government the pay of no post shall be raised beyond the limit of the minimum of the prescribed scale thereof without the special sanction of the State Government; and(c)that in other cases, the pay of no post shall be raised beyond the limit of sanction enjoyed by the authority which sanction the employment of the temporary establishment.(30)subject to the provisions of Article 358 of this Code to sanction, under rules 138 and 143 of the Bihar Service Code (1952 edition) the acceptance of honoraria for private tuition by Government servants under their administrative control up to a maximum of Rs. 200 for each scholastic term of long vacation;(31)to sanction, in favour of Government servants under their administrative control, the acceptance of honoraria or fees of individual amounts not exceeding Rs. 250 when the amount is calculated according to scales fixed for remuneration for work in connection with the examination and the budget provision is not exceeded;(32)to award Middle scholarships;(33)to permit a school to secure more than one Upper Primary or Middle scholarship in exceptional cases, provided that no increase of cost is involved;(34)to sanction on the recommendation of the managing committee a deviation, involving an increase, from the scale of fees prescribed for aided or unaided secondary schools under their control;(35)to send a requisition without the previous approval of the Director for a plan and estimate for the construction of a new building to be built by the Public Works Department, or for additions and alterations to buildings on the books of that Department which will cost not more than Rs. 1,000;(36)to sanction the transfer of the headquarters of a Sub-inspector of schools except in cases where a residence and office for the Sub-inspector have already been built or sanctioned by Government;(37)to sanction a re-distribution of the circles of the sub-inspectors in the district;(38)to publish in the gazette the annual list of recognized middle schools under their control;(39)to publish in the gazette the award of Upper Primary and Middle scholarships;(40)to authorize the Headmaster of any non-Government High/Higher Secondary Schools to grant leave in accordance with the rules to scholarship holders reading in his school;(41)to dispose of petitions of appeal received from parents or guardians against punishments awarded by the managing committees of Government High/Higher Secondary Schools;(42)to sanction payment of rent for the office accommodation of Deputy Inspectors and Sub-Inspectors of Schools in the district;(43)to rusticate students reading in a schools other than that which is under direct management of a local body, for gross indiscipline, without consulting the managing committees of the schools;Note. - An appeal from the parents or guardians of such students shall lie to the Regional Deputy Director of Education whose decision shall be final.(44)to direct a Headmaster to withhold or withdraw the good conduct certificate in case of roved misbehaviour on the part of students sent up for the Secondary school/Higher Secondary Examination. This would disqualify such students from appearing at the examination or being eligible for appointment to any public service.(G.O. no. 4345, dated 24th November, 1958.)
