Section 439 in Bihar Board's Miscellaneous Rules, 1958
439. Compulsory retirement of officers.
- The Provincial Government reserve to themselves the power to remove from the service any officer proved to be unfit for further advancement. Officers of the Executive Branch are recruited mainly in order to fill what are known as inferior charges at headquarters of districts and in sub-divisions, and an officer who after a reasonable number of years is found not to be fit to perform the duties ordinarily expected from a Deputy Collector ought not to be retained in the service. Promotion in the time-scale above the first efficiency bar at the end of twelve years' service will be regulated by this test, and an officer who is permanently kept behind that bar will be considered unfit for further advancement and therefore, liable to removal. It does not follow, however, that once an officer has been allowed to pass the bar he should no longer be liable to removal, and Government reserve to themselves the right to remove any officer whom they consider unfit for the duties naturally falling to an officer of his seniority and standing.
