In
exercise of the powers conferred by the proviso to clause (3) of Article 320 of
the Constitution of India, the Governor of Bihar is pleased to make the following
Regulations to amend the Bihar Public Service Commission (Limitation of
Functions) Regulations, 1957 (as amended time to time):- (i) These
Regulations may be called the Bihar Public Service Commission (limitation of
functions) (amendment) Regulations, 2019. (ii) It shall
extend to the whole State of Bihar. (iii) It shall
come in to force from the date of its publication in the official gazette. "11-
(1) It shall not be necessary for any authority subordinate to Government or
for the Chief Justice of the High Court to consult the Commission before
passing any order in disciplinary cases. (2) ??In cases where an appeal, review or revision
lies to Government against an order of miner punishment in disciplinary cases
it shall not be necessary for Government to consult the Commission . (3)? ?If it
is not a proposal to set aside or to substitute an order of major punishment
for a less severe penalty after consideration of an appeal lies to Government,
it shall not be necessary for Government to consult the commission. (4)? ?When
exercising reviewing or revisionary functions in disciplinary cases in which no
regular appeal lies to Government it shall not be necessary for Government to
consult the Commission unless Government proposes either- (a) to set
aside or modify an order of major punishment or (b) to
substitute an order of major punishment for less severe penalty. (5)? ?In
disciplinary cases of appeal, review or revision lies to Government, in
condition of set aside or modify or substitute an order of major punishment, it
shall not be necessary for Government to consult the Commission, where these
(disciplinary) matters are related to those Government servants, who basically
appointed under state Government on the lower post of level-9 by recommendation
of any Commission. (6) ??Government Servant of Gazetted category of
State Service Cadre of level 9 and higher level from this, whose
appointment/promotion occurs by recommendation from Bihar Public Service
Commission or any other Commission of State Government. In disciplinary cases,
in condition of ordering of reduction from pension or major punishment, it
shall not be necessary for Government to consult the Bihar Public Service
Commission, (7)? ?Those
disciplinary cases of reduction from pension or major punishment, where
advice/consent is given by the Commission. and after that in condition of set
aside, reduce or modify the order of reduction from pension or major
punishment, it shall not be necessary to consult the Commission again. 12 - In disciplinary cases it
shall not be necessary for Government to consult the Commission before passing
any order- (a) drawing
up or directing the drawing up of disciplinary proceeding against any
Government servant; (b) to
suspend any Government servant till the investigation of charges constitute
against him or to order for miner punishment ; Provided that, in condition of
imposing major punishment or reduction from pension also, it shall not be
necessary for Government to consult the Commission, to imposing the order of
punishment or reduction from pension to those Government servants who basically
appointed under State Government on the lower post of level-9 by recommendation
of any Commission. BIHAR PUBLIC SERVICE COMMISSION (LIMITATION
OF FUNCTIONS) (AMENDMENT) REGULATIONS, 2019
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