Section 15 in Bihar State Universities (Patna, University of Bihar, Bhagalpur and Ranchi) Act, 1960
15. Functions of State Public Service Commission in relation to appointments to posts of teachers and officers of the University and disciplinary matters affecting such teachers or officers.
(1)Subject to the provisions of this Act and the Statutes made thereunder, the State Public Service Commission shall, in relation to appointments to posts of teachers and officers of the University (other than the Vice-Chancellor and the Treasurer), discharge, so far as may be, the same functions as have been assigned to it by Article 320 of the Constitution of India in relation to the services of the State.(2)(i)In making recommendations for appointment to every post of teacher of the University the State Public Service Commission shall have the assistance of two experts in the subject for which an appointment is to be made, of whom one shall be nominated by the Syndicate and shall whenever possible be a teacher of the University and the other shall be a person, other than a teacher of the University, to be nominated by the Academic Council :Provided that in making recommendation for appointment to such post by promotion the Commission shall not be entitled to have the assistance of any expert.(ii)In making recommendations for appointment to every post of officer of the University (other than the Vice-Chancellor and the Treasurer) otherwise than by promotion, the State Public Service Commission shall have the assistance of only one expert to be nominated by the Syndicate.(iii)The expert or experts shall be associated with the State Public Service Commission as assessor or assessors whose duty it shall be to give expert advice to the Commission but who shall have no right to vote.(3)Subject to the provisions of sub-sections (1) and (2), the State Public Service Commission shall, wherever feasible, recommend to the Syndicate for appointment to every post of teacher or officer of the University names of two persons arranged in order of preference and considered by the State Public Service Commission to be the best qualified therefor.(4)In making appointment to a post of teacher or officer of the University, the Syndicate shall, within three months from the date of the receipt of the recommendation under sub-section (3), make its selection out of the names recommended by the State Public Service Commission, provided that if the Syndicate, in the first instance, does not consider the names recommended by the State Public Service Commission to be suitable, it shall refer the matter back to the State Public Service Commission for reconsideration and in no case shall the Syndicate appoint a person who is not recommended by the State Public Service Commission.(5)Notwithstanding anything contained in the preceding sub-sections, all teachers of clinical subjects and Pathology in the Prince of Wales Medical College shall, until the hospital attached to the said college is transferred to the University, be appointed in accordance with the provisions of this section from amongst officers nominated by the State Government and all teachers so appointed shall be deemed to be members of the staff of the said hospital.(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.(7)It shall not be necessary to consult the State Public Service Commission where only an order of censure, or an order withholding increment, including stoppage at an efficiency bar, or an order of suspension pending investigation of charges is passes against a teacher or officer of the University.(8)It shall be the duty of the State Public Service Commission to present annually to the University a report as to the work done by the Commission in relation to the University and the University shall prepare and submit to the State Government a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State by the State Government.
