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[Cites 0, Cited by 0] [Section 15] [Entire Act]

State of Bihar - Subsection

Section 15(6) in Bihar State Universities (Patna, University of Bihar, Bhagalpur and Ranchi) Act, 1960

(6)Notwithstanding anything contained in the preceding sub-sections, but always subject to the other provisions of this Act,-
(a)When appointment to a post of teacher or officer of the University is made by promotion or transfer from any other service including the service of the University, it shall not be necessary for the University to consult the State Public Service Commission, unless it is proposed, by such promotion or transfer, to fill-
(i)A permanent post substantively, or
(ii)A permanent post or a temporary post on an officiating or temporary basis for a period exceeding six months :
Provided that if an appointment is made for a period not exceeding six months and it is proposed by the University to extend the period so that it will exceed six months in all, the State Public Service Commission shall be consulted ;
(b)When appointment to a post of teacher or officer of the University is made otherwise than by promotion or transfer from another service including the service of the University, it shall not be necessary to consult the Commission if the appointment is not expected to continue for more than six months and cannot be delayed without detriment to the interest of the departments or institutions maintained by the University or the colleges transferred to it under section 57 :
Provided that if it is proposed to retain the person so appointed in the same post for a period exceeding six months or to appoint him to another post in the service of the University, the State Public Service Commission shall be consulted ;
(c)The State Public Service Commission shall be consulted by the University in all disciplinary matters affecting a teacher or officer of the University (other than the Vice-Chancellor and the Treasurer) and no memorials or petitions relating to such matters shall be disposed of, nor shall any action be taken against, or any punishment imposed on, a teacher or officer of the University otherwise than in conformity with the finding of the State Public Service Commission ;
Provided that -
(i)If the punishment proposed to be imposed is one of not be passed except by the authority empowered under this Act to appoint such teacher or officer ;
(ii)No teacher or officer who is a member of the public services in India and whose services have been lent to the University shall be dismissed, removed or reduced in rank except by an order of the Government ;
(iii)If the teaching efficiency of a teacher against whom a disciplinary action is proposed to be taken is in question, two experts in the subject concerned, to be nominated by the Academic Council, shall be associated with the State Public Service Commission as assessors whose duty it shall be to give expert advice to the Commission but who shall have no right to vote.