Section 39A in The Bihar Finance Service Rules, 1953
39A. [ [Rule, 39-A inserted vide G.S.R. 135 dated 30.12.1971 and deemed to have been added w.e.f. 27.4.1966.]
If officiating or temporary promotion is made after applying the same procedure which is required to be applied for substantive promotion, that is if the selection is made on rigorous examination of character rolls, and an assessment or eligibility and relative merit of candidates, in accordance with the Selection Board and/or Public Service Commission in accordance with the prescribed procedure and with the approval of the Council of Ministers, then the officers so promoted to officiating or temporary vacancies would continue to rank senior in the officiating or temporary rank and shall get preference over those superseded by them, in the matter of substantive promotion :Provided that those officers, who are superseded in the matter of officiating or temporary promotion because of certain pending enquiries, allegations and adverse remarks in the Character Rule or on similar fortuitous considerations, would not suffer at the time when substantive vacancies occur, if at the conclusion of the pending enquiry the allegations are found baseless or not so serious as to withhold promotion or if the adverse remarks are subsequently expunged and they are deemed fit for promotion.][Part IX] [Part IX added by S.O. 1201, dated 17.8.1981.] Rules of Promotion in Service
