Section 41 in The Bihar Finance Service Rules, 1953
41.
(1)Promotion to the rank of the Deputy Commissioner of Commercial Taxes shall be made from amongst the Assistant Commissioner of Commercial Taxes who have put in eight years of total continuous service from their first appointment as Commercial Taxes Officer on the basis of seniority-cum-merit, so however, that due representation in promotion to the rank of the Deputy Commissioner of Commercial taxes is accorded to the officers belonging to Scheduled Castes and Scheduled Tribes in accordance with Government orders issued in this behalf from time to time:Provided that the above period of service shall be reduced by one year in the case of officer's belonging to Scheduled Castes and Scheduled Tribes if adequate numbers of officers of these castes with prescribed minimum length of service are not available in the required promotion for the purpose of this sub-rule.(2)A list of officers fit to be promoted to the rank of the Deputy Commissioner of Commercial Taxes shall be prepared in each year by a Departmental Promotion Committee constituted under sub-rule (2) of Rule 20.(3)In cases where consultation with the Commission is compulsory, under Article 320 of the Constitution of India or any other law or Rule framed by the Government of Bihar or the Government of India, or where the Chairman or a Member of Commission presiding over the Departmental Promotion Committee desires case to be considered by the Commission as a whole, the list of officers thus prepared shall be forwarded to the Commission, along with their up-to-date service records. Up-to-date service records of those officers, who are proposed to be passed over, shall also be sent to the Commission. The Commission shall, in such cases, advise the Governor in respect of the suitability of each officer for inclusion in the list.(4)The final selection of officers for inclusion in the Select List shall be made by the Governor after taking into consideration the recommendation of the Departmental Promotion Committee and/or the advice of the Commission, as the case may be.
