In exercise of power conferred under Rule 54 of Civil
Service (Classification Control and Appeal) Rules, 1930 and published vide
Notification No. 1935-A.R. dated 14.6.1935. (1)
The Rules may be called the Bihar and Orissa
Subordinate Service (Discipline and Appeal) Rules, 1935. (2)
They shall apply to all members of
Subordinate Services under the administrative control of the Government of
Bihar and Orissa, except to those for whose appointments and conditions of
employment special provision is made by or under any law for the time being in
force. (3)
The following penalties may for good and
sufficient reasons, be imposed upon any member of a Subordinate Service, viz.: (4)
Censure; (5)
Withholding of increments or promotion,
including stoppage at an efficiency bar; (6)
Reduction to a lower post or time-scale or to
a lower stage in a time scale; (7)
Recovery from pay of whole or part of any
pecuniary loss caused to Government by the negligence or breach or order; (8)
[1][Compulsory retirement; (9)
Fine; (10)
Suspension; (11)
Removal from the Civil Service of the Crown,
which does not disqualify from future employment; (12)
Dismissal from the Civil Services of the
Crown which ordinarily disqualifies from future employment: Provided that the
penalty of fine shall be imposed only on menials and inferior servant: Explanation 1.-The discharge- (a)
of person appointed on probation, during or
at the end of the period of probation, on grounds arising or at the specific
conditions laid down by the appointing authority, e.g. want of vacancy, failure
to acquire prescribed special qualification or to pass prescribed test; (b)
of a person appointed, otherwise, than under
contract, to hold a temporary appointment, on the expiration of the period of
the appointment; (c)
of a person engaged under contract in
accordance with the term of his contract does not amount to removal or
dismissal within the meaning of this Rule. Explanation 2.-The discharge of a probationer, whether
during or at the end of the period of probation for some specific fault or on
account of his unsuitably for the service amounts to removal or dismissal
within the meaning of the Rule. Explanation 3.-Compulsory retirement of a Government
servant in accordance with the provisions relating to his superannuation or
retirement does not amount to a penalty within the meaning of this Rule. Note 1.-For the procedure to be followed before an order
of dismissal, removal, compulsory retirement or reduction can be passed, see
Rule 55 of the Civil Services (Classification, Control and Appeal) Rules. In
drawing up proceedings and conducting departmental enquiries, the instructions
contained in Rules 160 to 170 of the Bihar and Orissa Board's Miscellaneous
Rules, 1939][2] are to be followed, except
where more detailed instructions have been framed by the department concerned.
Note 2.-For the procedure to be followed before an order imposing the following
penalties can be passed, see Rule 55-A of the Civil Services (Classification,
Control and Appeal) Rules, published with notification No. 5172-A, dated the
3rd June, 1950.-) (d)
Censure. (e)
Withholding of increment or promotion,
including stoppage at an efficiency bar. (f)
Recovery from pay of the whole or part of any
pecuniary loss caused to Government by negligence or breach of order. (13)
Any of the penalties mentioned in Rule 2 may
be imposed on member of a Subordinate Service- (a)
by the authority empowered to impose such
penalty 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; or (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. (14)
[3][The appointing authority or
any authority to which it is subordinate or the Governor, by general or special
order, may place a Government servant under suspension- (a)
where a disciplinary proceeding against him
is contemplated or is pending; or (b)
where a case against him in respect of any
criminal offence is under investigation, injury or trial. (15)
A Government servant shall be deemed to have
been placed under suspension by an order of appointing authority- (a)
with effect from the date of his detention,
if he is detained in custody whether on a criminal charge or otherwise, for a
period exceeding forty-eight hours; (b)
with effect from the date of his conviction,
if in the event of a conviction for an offence, he is sentenced to a term of
imprisonment exceeding forty eight hours and is not forthwith dismissed or
removed or compulsory retired consequent to such conviction. Explanation.-The period of forty-eight hours referred to
in clause (b) of this sub-rule shall be computed from the commencement of the
imprisonment after the conviction and for this purpose, imprisonment periods of
imprisonment, if any, shall be taken into account. (16)
Where a penalty of dismissal, removal or
compulsory retirement from service imposed upon a Government servant under
suspension is set aside in appeal or on review under these Rules and the case
is remitted for further inquiry or action or with any other directions, the
order of his suspension shall be deemed to have continued in force on and from
the date of the original order of dismissal, removal or compulsory retirement
and shall remain in force until further orders. (17)
Where a penalty of dismissal, removal or
compulsory retirement from service imposed upon a Government servant is set
aside or declared or rendered void in consequence of or by a decision of a
Court of law and the disciplinary authority on a consideration of the
circumstances of the case, decide to hold a further inquiry against him on the
allegation on which the penalty of dismissal, removal or compulsory retirement
was originally imposed, the Government servant shall be deemed to have been
placed under suspension by the appointing authority from the date of the
original order of dismissal, removal or compulsory retirement and shall
continue to remain under suspension until further orders. (18)
An order of suspension made or deemed to have
been made under this Rule shall continue to remain in force until it is
modified or revoked by the authority competent to do so. (19)
Where a Government servant is suspended or is
deemed to have been suspended (whether in connection with any disciplinary
proceeding or otherwise), and any other disciplinary proceeding is commenced
against him during the continuance of that suspension the authority competent
to place him under suspension may for reasons to be recorded by him in writing,
direct that the Government servant continue to be under suspension until the
termination of all or any of such proceedings. (20)
An order of suspension made or deemed to have
been made under this Rule may at any time be modified or revoked by the
authority which made or is deemed to have made the order or by any authority to
which that authority is subordinate. (21)
Every member of a Subordinate Service
(including temporary Government servants 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 2; (b)
terminating his appointment otherwise than on
the expiry of the period of his appointment or on his reaching the age of
Superannuation. (22)
No appeal as of right shall be 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. (23)
In the case of an appeal against an order
imposing any penalty specified in Rule 2 the 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. (24)
The authority from whose order an appeal is
preferred under these Rules shall give effect to any order made by the
appellate authority. (25)
Every Government servant preferring an appeal
shall do so separately and in his own name. (26)
Every appeal preferred under these Rules
shall contain all material statements and arguments relied on by the appellant
shall contain no disrespectfully 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 order
appealed against. (27)
An appeal may be withheld by the authority
against whose order it is preferred if- (28)
it is an appeal in a case in which no appeal
lies under these Rules; or (29)
it does not comply with the provisions of
Rule 9; or (30)
it is not preferred with 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 (31)
it is repetition of a previous appeal and is
made to the same appellate authority by which such appeal has been decided and
no new fact or circumstances are adduced which afford grounds for a
reconsideration of the case: Provided that in every case in which an appeal is
withheld the appellants shall be informed of the fact and the reason for it: Provided also that an withheld on account only of a
failure to comply with the provisions of Rule 9 may be resubmitted 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. (32)
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. (33)
[4]Notwithstanding anything contained in the foregoing
provisions of these Rules, the State Government and Heads of Departments may,
at any time, call for departmental proceedings against their subordinates and
reverse or alter the order passed by a subordinate authority. Nothing in these
Rules shall, however, be construed to interfere with the power conferred by
Section 4 of Regulation I of 1829.BIHAR AND ORISSA SUBORDINATE SERVICES
(DISCIPLINE AND APPEAL) RULES, 1935
PREAMBLE