837. Rules regarding the presentation of appeals by members of Subordinate Services.
- The following rules have been made by Government to regulate the discipline and right of appeal of members of Subordinate Services in Bihar with effect from 1st July 1935 :-(1)The subordinate services in the Education Department are as follows :-(a)The Subordinate Educational Service.(b)The Lower Subordinate Service.(c)The ministerial service in the office of the Director.(d)The ministerial service of all the other offices subordinate to the Director.In addition to the above there is a General Subordinate Service which, so far as the Education Department is concerned, consists of all posts the maximum pay of which does not exceed Rs. 400 a month and which :-(i)are not included in the above list, or classed as posts in a State service; or(ii)are wholly excluded from the operation of the Civil Service (Classification, Control and Appeal) Rules, by rule 3 or under rule 4 thereof.(2)The following penalties may, for good and sufficient reasons, be imposed upon any member of a Subordinate Service, viz. :-(i)Censure.(ii)Withholding of increments or promotion, including stoppage at an efficiency bar.(iii)Reduction to a lower post or time-scale or to a lower stage in a time-scale.(iv)Recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of order.(v)Fine.(vi)Suspension.(vii)Removal from the Civil service of the State which does not disqualify from future employment.(viii)Dismissal from the Civil service of the State which ordinarily disqualifies from future employment:Provided that the penalty of fine shall be imposed only on inferior servants.Explanation. - The discharge :-(a)of a person appointed on probation, during the period of probation;(b)of a person appointed, otherwise than under contract, to hold a temporary appointment, on the expiration of the period of the appointment; or(c)of a person engaged under contract, in accordance with the terms of his contract,does not amount to removal or dismissal within the meaning of this rule.Note. - For the procedure to be followed before order of dismissal, removal or reduction can be passed, see rule 55 of the Civil Service (Classification, Control and Appeal) Rules. In drawing up proceedings and conducting departmental enquiries, the instruction contained in rules 166 to 171 of the Board's Rules are to be followed, except where more detailed instructions have been framed by the Department concerned.(3)Any of the penalties mentioned in rule 2 may be imposed on a member of a subordinate service. -(a)by the authority empowered to impose such penalties by any rule or order in force at the time when these rules come into operation or by any rule or order made after the time when these rules come into operation;(b)if no authority has been so empowered, by the Head of the Department, or the Head of the office having the power to appoint the member of the Subordinate Service on whom the penalty is to be imposed.(4)Every member of a Subordinate Service (including temporary Government servant and officers on probation) shall be entitled to appeal to the authority immediately superior to the authority which passed an order-(a)imposing upon him any of the penalties specified in rule; and(b)terminating his appointment otherwise than an the expiry of the period of his appointment, or on his reaching the age of superannuation.(5)No appeal as of right shall lie against an order declining to give an appointment or promotion except as a measure of punishment to a particular individual, or affecting a transfer or an extension of service.(6)In the case of an appeal against an order imposing any penalty specified in rule 2 of be appellate authority shall consider:-(a)whether the facts on which the order was based have been established;(b)whether the facts established afford sufficient ground for taking action; and(c)whether the penalty is excessive, adequate or inadequate; and after such consideration shall pass such orders as it thinks proper.(7)The authority from whose order an appeal is preferred under those rules shall give effect to any order made by the appellate authority.(8)Every Government servant preferring an appeal shall do so separately and in his own name.(9)Every appeal preferred under these rules shall contain all material statements and arguments relied on by the appellant, shall contain no disrespectful or improper language and shall be complete in itself. Every such appeal shall be submitted through the Head of the office to which the appellant belongs or belonged and through the authority from whose order the appeal is preferred and shall be accompanied by a copy of the orders appealed against.(10)An appeal may be withheld by the authority against whose order it is preferred if-(i)it is an appeal in a case in which no appeal lies under these rules; or(ii)it does not comply with the provisions of rule 9; or(iii)it is not preferred within six months after the date on which the appellant was informed of the order appealed against and no reasonable cause is shown for the delay; or(iv)it is a repetition of a previous appeal and is made to the same appellate authority by which such appeal has been decided, and no new facts or circumstances are adduced which afford grounds for a re-consideration of the case:-Provided that in every case in which an appeal is withheld the appellant shall be informed of the fact and the reason for it:Provided also that an appeal withheld on account only of a failure to comply with the provisions of rule 9 may be re-submitted at any time within one month of the date on which the appellant has been informed of the withholding of the appeal, and such appeal shall not be withheld if it is resubmitted in a form which complies with these provisions.(11)No appeal shall lie against the withholding of an appeal by a competent authority. The authority withholding the appeal, however, shall report the fact to the superior authority together with the reasons for withholding the same.(12)The State Government and Heads of Departments may, in cases in which no appeal lies or has been preferred, call for departmental proceedings against their subordinates and reverse or alter the order passed by a subordinate authority imposing any of the penalties specified in rule 2. Nothing in these rules shall, however, be construed to interfere with the powers conferred by section 4 of Regulation I of 1929.(13)Nothing in these rules shall operate to deprive any member of a Subordinate Service of any right of appeal which he would otherwise have had if these rules had not been made in respect of any order passed before they came into force. An appeal pending at the time when or preferred after, these rules come into force shall be deemed to be an appeal under these rules, and rules 6 and 7 shall apply as if the appeal were one against an order appealable under these rules.(Government notification nos. 1978-A.R., dated the 13th June, 1935 and 1995-A.R., dated the 14th June, 1935.)
