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State of Bihar - Section

Section 55 in Bihar Forest Rules

55. Without prejudice to the provisions of the Public Servants (Inquiries) Act 1850, no order of dismissal, removal, compulsory retirement or reduction shall be passed on a member of a Service (other than an order based on facts which have led to his conviction in a criminal court) unless he has been informed in writing of the grounds on which it is proposed to take action, and has been afforded an adequate opportunity of defending himself. The grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges, which shall be communicated to the person charged together with a statement of the allegations on which each charge is based and of any other circumstances which it is proposed to take into consideration in passing orders on the case. He shall be required, within a reasonable time to put in a written statement of his defence and to state whether he desires to be heard in person. If he so desires or if the authority concerned so directs, an oral inquiry shall be held. At that inquiry oral evidence shall be heard as to such of the allegations as are not admitted, and the person charged shall be entitled to cross-examine the witnesses, to give evidence in person and to have such witnesses called, as he may wish, provided that the officer conducting the inquiry may for special and sufficient reason to be recorded in writing, refuse to call a witness. The proceeding shall contain a sufficient record of evidence and a statement of the findings and the grounds thereof.

This Rule shall not apply where the person concerned has absconded, or where it is for other reasons impracticable to communicate with him or when the Governor is satisfied that in the interest of the security of State it is not expedient to give him such an opportunity. All or any of the provisions of the Rule may in exceptional; case, for special and sufficient reasons to be recorded in writing, be waived, where there is a difficulty in observing exactly the requirements of the Rule and those requirements can be waived without injustice to the person charged.(ii)Appeals
6.3The following Rules in the Civil Services (Classification, Control and Appeal) Rules govern the right of appeal in regard to members of the Bihar Forest Service:-