Section 18 in The Bihar State Housing Board Act, 1982
18. Promotions and punishment of the Officers and employees of Board.
(1)Subject to any Regulations made under Section 19 the power of making promotions to posts in the service of the Board, fining, withholding promotions from, reducing, suspending, removing or dismissing such Officers and employees for any breach of departmental Rules or discipline or for carelessness, unfitness, neglect of duty or misconduct, and of discharging such officers and employees from the service of the Board for any other sufficient reasons shall be exercised by the following authorities, namely:-(a)by Managing Director in the case of posts, the maximum monthly pay scale of which does not exceed [eight hundred and forty rupees] [See now New Pay Scale.] and the employees holding such posts;(b)by the Board after consultation with the Public Service Commission of the State, in the case of post, the maximum monthly pay-scale of which exceeds eight hundred and forty rupees but does not exceed [one thousand five hundred and eighty rupees] [See now New Pay Scale.] and Officers and employees holding such posts;(c)by the Board after consultation with the Public Service Commission of the State and with the previous sanction of the Government in the case of posts, the maximum salary of which exceeds [one thousand five hundred eighty rupees] [See now New Pay Scale.] and Officers and employees holding such posts:Provided that any officer or employees of the Central or State Government or a local authority, whose services have been lent to the Board, shall not be so punished except by an authority which would have been competent to do so, if his services, had not been so lent, but the Managing Director or the Board, as the case may be, shall be entitled to make an enquiry and to report with a recommendation in that behalf against such employees to such authority:Provided further that in consultation with the Public Service Commission under clause (b) or (c) shall not be necessary in the case of appointment of technical personnel made for a period not exceeding six-months:Provided further also that it shall not be necessary to consult State Public Service Commission in case of censuring, fining or suspending and further that the provision of this section shall not apply in case of reverting back to original post from officiating promotions and termination of service from after completion of term of temporary appointment.(2)Any Officer or employee of Board who is aggrieved by an order passed under sub-section (1) may, within two months from the date of receipt by him of such order, appeal-(a)to the Board, if the order was passed by the Managing Director, and(b)to the Government, if the order was passed by the Board:Provided that in all cases the order of the Government shall be final.(3)For the purposes of this Section, an order of suspension only shall not be deemed to be an order of punishment.
