Section 19 in Bihar Government Servants (Classification, Control & Appeal) Rules, 2005
19. Procedure for imposing minor penalties.
(1)Subject to the provisions of sub-rule (3) of Rule 18, no order imposing on a Government Servant any of the penalties specified in clauses (i) to (v) of Rule 14 shall be made except after-(a)informing the Government Servant in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him reasonable opportunity of making such representation as he may wish to make against the proposal;(b)holding an inquiry in the manner laid down in sub-rules (3) to (23) of Rule 17, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;(c)taking the representation, if any, submitted by the Government Servant under clause (a) and the record of inquiry, if any, held under clause (b) into consideration;(d)recording a finding on each imputation of misconduct or misbehaviour; and(e)consulting the Commission where such consultation is necessary.(2)The record of the proceedings in such cases shall include-(i)a copy of the intimation to the Government Servant of the proposal to take action against him;(ii)a copy of the statement of imputations of misconduct or misbehaviour delivered to him;(iii)his representation if any;(iv)the evidence produced during the inquiry;(v)the advice of the Commission, if any;(vi)the findings of each imputation of misconduct or misbehaviour; and(vii)the orders on the case together with the reasons therefor.
