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Bihar Government Servant (Classification, Control And Appeal) (Amendment) Rules, 2025

Bihar Government Servant (Classification, Control And Appeal) (Amendment) Rules, 2025

Bihar Government Servant (Classification, Control And Appeal) (Amendment) Rules, 2025

[05th February 2025]

PREAMBLE

In exercise of the powers conferred under proviso to Article 309 of the Constitution of India, the Governor of Bihar makes the following Rules to amend the "Bihar Government Servant (Classification, Control and Appeal) Rules, 2005" (as amended from time to time)-

Rule 1. Short title, extent and commencement.

(1)     These Rules may be called as the "Bihar Government Servant (Classification, Control and Appeal) (Amendment) Rules, 2025."

(2)     It shall extend to the whole State of Bihar.

(3)     It shall come into force from the date of its publication in official Gazette.

Rule 2. Insertion of Rule-2(p) in Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (as amended from time to time).

In the said rules, Rule-2(p) shall be inserted as follows-

"(p) "Directorate" means Chief Inquiry Commissioner Directorate."

Rule 3. Amendment in Rules-4, 5, 6 and 6(Explanation) of Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (as amended from time to time).

In Rules 4, 5, 6 and 6(Explanation) of the said rules, group of words "Group-D", wherever used, shall be deleted.

Rule 4. Addition of Explanation-4 in Rule-14 of Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (as amended from time to time).

In Rule-14 of the said Rules, Explanation-4 shall be added after Explanation-3 as follows-

"Explanation-4: Before imposing any of the penalties specified in this Rule, the concerned Government Servant shall be given an opportitunity, to submit his statement of defence, on the basis of Article of Charges (statement of the imputations of misconduct or misbehaviour), formed in the format as prescribed according to the provisions contained in Rule-31, and approved by the disciplinary authority."

Rule 5. Addition of Sub-rule-3 in Rule-16 of Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (as amended from time to time).

In Rule-16 of the said Rules, Sub-rule-3 shall be added as follows-

"(3) The Directorate, empowered by a general or special order of the Governement, shall conduct, supervise and monitor the proceedings instituted against the delinquent government servants."

Rule 6. Amendment in Proviso of Rule-17(2) of Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (as amended from time to time).

The group of words "Departmental Enquiry Commissioner" and "Additional Departmental Enquiry Commisioner" used in Proviso of Rule-17(2) shall be substituted by the group of words "Chief Enquiry Commissioner" and "Enquiry Commisioner" respectively.