Section 42 in The Bihar Finance Service Rules, 1953
42.
(1)Promotion to the rank of Joint Commissioner of Commercial Taxes shall be made from amongst the Deputy Commissioner of Commercial Taxes, so however, that due representation in promotion to the rank of Joint Commissioner of Commercial Taxes is accorded to the officers belonging to the Scheduled Castes and Scheduled Tribes in accordance with Government orders issued in this behalf from time to time.(2)(i)The promotion list shall be prepared by the Departmental Promotion Committee constituted under sub-rule (2) of Rule 20 from amongst the Deputy Commissioners of Commercial Taxes who have put in three years of total and continuous service in the rank of the Deputy Commissioner of Commercial Taxes:Provided that the above period of qualifying service shall stand reduced by one year in the case of officers belonging to Scheduled Castes and Scheduled Tribes if adequate number of officers of these castes with prescribed minimum length of service are not available in the required proportion for the purpose of sub-rule (1).(ii)The selection shall be made primarily on merit to be assessed from up-to date service records.(iii)The Departmental Promotion Committee shall arrange the names of officers thus selection in order of their inter se seniority.(3)Recommendation made by the Departmental Promotion Committee in which the Public Service Commission is associated shall be taken as the recommendation of the Commission.(4)In case where consultation with the Commission is compulsory under Article 320 of the Constitution of India, or any other law or Rule framed by the Government of Bihar, or the Government of India, or where the Chairman or a Member of the Commission presiding over the Departmental Promotion Committee desires a particular case to be considered by the Commission as a whole the list of officers thus prepared shall be forwarded to the Commission along with their up-to-date service records. Likewise, such service records of these officers who are proposed to be passed over, shall be sent to the Commission. These Commissions shall, in such cases, advise the Governor in respect of the suitability of each officer for inclusion in the list.(5)The final selection of officers for inclusion in the Select List shall be made by the Governor after taking into consideration the recommendation of the Departmental Promotion Committee and/or the advice of the Commission, as the case may be.Appendix AList of Scheduled Castes in Bihar
