Section 181 in Bihar Board's Miscellaneous Rules, 1958
181. [ Transfer of ministerial officers. [Substituted by C.S. No. 20 dated 4.10.1969.]
(1)Subject to the general control and direction of the Board, and to the condition that a ministerial officer may not be transferred to a post on a lower salary except in accordance with an order of punishment passed after proceedings. Commissioners shall have full powers to transfer ministerial officers from one office, headquarters or sub-division to another within their division as they may think expedient-for the public service. Collectors should invariably submit such proposals once a year to reach the Commissioner by 20th February, giving reasons in support thereof.(2)All transfer of ministerial officers within the district should be approved by an Establishment Committee consisting of the Collector, all officers of the rank of Additional Collector or Additional District Magistrate, District Development Officer (not otherwise eligible), District Establishment Deputy Collector, all Sub-Divisional Officers and Senior Office Superintendent in accordance with the following principles:-(a)Every ministerial officer should spend at least three years in a Block or Anchal Office, not situated at district or sub-divisional headquarters.(b)Ministerial officers in the Lower Division scale who are over 40 years of age or have put in 15 years of service are exempt from (a) above.(c)The period of stay in a bad or unhealthy station should not, however, be more than 2 years at a stretch. A list of such bad or unhealthy stations in each district should be prepared, a copy of which should be sent to the Divisional Commissioner concerned and the Board for record. No change should be made in that list without the approval of the Board through the Commissioner.(d)No clerk should be allowed to forego his claim to promotion to the next higher scale unless any special case can be made out to the satisfaction of the Commissioner of the Division.(e)No assistant should be allowed ordinarily to stay in any particular Anchal or Block Office for more than three years at a stretch, but their transfer is compulsory from that Anchal after five years.(f)Attempts should be made to give every ministerial officer wider experience by transferring him from one branch of office to another.(g)All ministerial officers shall be liable to transfer after three years, their transfer shall be compulsory after three years. No departure from this rule is permissible in any circumstances in the case of ministerial officers dealing with money and accounts.(h)Representations, if any, against transfer should be effectively discouraged and disposed of quickly.(3)Subject to the provisions of rules 182, the Board in special cases may sanction mutual transfer of permanent ministerial officers from one district to another within the State in the interest of public service. This will not apply to temporary ministerial officers.]
