Section 168 in Bihar Board's Miscellaneous Rules, 1958
168. Censure, withholding of increments, etc. and recovery from pay.
(a)Without prejudice to the provisions of Rule 166 no order imposing the following penalties viz:. -(a)censure,(b)withholding of increments or promotions including stoppage at an efficiency bar,(c)recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of order or (other than an order based on facts which have led to his conviction in a criminal Court or by a court Martial, or an order superseding him for promotion to a higher post on the ground of his unfitness for the post).on a Government servant shall be passed unless he has been given an adequate opportunity of making a representation that he may desire to make and such representation, if any, has been taken into consideration before the order is passed:Provided that the requirements of this paragraph may, for sufficient reasons to be recorded in writing, be waived where there is difficulty in observing them and where they can be waived without injustice to the officer concerned.Note. - The full procedure indicated in clauses (i) and (ii) of Rule 166 need not be followed and in such cases. It will be sufficient if the officer concerned is given an opportunity of explaining the charges against him and the explanation so submitted is taken into consideration before orders are passed.(b)Compulsory retirement of officers. - A ministerial officer may be retained in service till he reaches the age of 60, provided he continues to be physically fit and efficient.A ministerial officer who has completed 25 years of total service of which 21 years must be of actual duty may be compulsorily retired from service if he has grown inefficient or if his conduct is not such as to justify his retention in service. Such compulsory retirement being in accordance with the conditions of service of ministerial officer does not account to removal and the ministerial officer concerned is not entitled to a show-cause notice before he is ordered to retire. Such an officer may, however, be allowed to submit representation against such retirement and such representation, if any should be taken into constitution, before passing final orders.Further instructions to be followed before ordering the compulsory retirement to Government servants are embodied in Appointment Department Memo No. Ill/ RI/5011/51A-3794, dated the 4th May, 1953 which is incorporated in Appendix J.(c)Suspensions. - Government servants should not be placed under suspension for inadequate reasons or kept under suspension for a long period. The principles to be followed in ordering suspension are explained in Mr. L.P. Singh's letter no. III/RI/2033/52-A-188, dated the 9th January, 1953 and letter No. III/RI/209/ 60-A-4968, dated 4.4.1960 by Mr. M.S. Rao which are incorporated in Appendix J.(d)Discharge of temporary Government servants. - The Bihar and Orissa Subordinate Services Discipline and Appeal Rules, 1935, do not apply to Government servant subject to discharge on one month's notice or less. The Civil Services (Classification, Control and Appeal) Rules also so far as they are applicable to Government servants under the Rule making control of the State Government do not apply to Government servants subject to discharge on one month's notice or less. Therefore, the full departmental proceedings contemplated by rule 55 of the Civil Services (Classification, Control and Appeal) Rules are not necessary when such temporary Government servants are discharged from service.(2)When the term of appointment of temporary Government servant provides for the termination of service by either party giving notice of a specified period, either party can serve such notice at any time and the service should be considered to have been terminated on expiry of the specified period of notice.The termination of service in such circumstances does not amount to "removal" from service under Article 311 of the Constitution.(3)When a temporary appointment expressly stated to be on a temporary basis is sanctioned until further orders and is subject to the condition that the service may be terminated at any time without notice, the termination of service does not amount to "removal" from service under Article 311 of the Constitution and the service can be terminated at any time without notice.(4)In all other cases which are not covered by the foregoing provisions, Article 311 of the Constitution is attracted and full departmental proceedings are necessary before the temporary service can be terminated Words [* * *] ['But in cases........are passed deleted by u.b. No. 17 dated 4.11.1968.].
