Part-I

General

1. Short title, extent and commencement. – (1) These Rules may be called the “Bihar Government Servants (Classification, Control and Appeal) Rules, 2005”.

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

(3) These Rules shall come into force from the date of its publication in the Official Gazette.

2. Definition. – For the purposes of these Rules, unless there is anything repugnant in the subject or context,-

(a) ‘Government’ means the Government of Bihar;

(b) ‘Orders of the Government’ means executive orders passed in exercise of powers given under Rules of Executive Business framed under Article 166 of the Constitution of India;

(c) ‘Probationer’ means a person appointed to a service on probation;

(d) ‘Civil Services cadre’ means all classes of Civil Services of the State and it includes also all other similar cadre or extra cadre existing posts under the State Government of Bihar.

(e) ‘Post’ means any existing post under the services of the State Government of Bihar.

(f) ‘Appointing authority’ in relation to a Government servant means the authority-

(i) who is empowered to make appointments to the Service of which the government servant is for the time being a member, or

(ii) who is empowered to make appointments to the post which the Government Servant for the time being holds, or

(iii) who has appointed the Government Servant to such Service, grade or post, as the case may be, or

(iv) where the Government Servant having been a permanent member of any other Service or having substantively held any other permanent post, has been in continuous employment of the Government, such authority who appointed him to that Service or to any grade in that Service or to that Post,

(g) ‘Cadre authority’ in relation to a service, has the same meaning as in the Rules regulating that service;

(h) ‘Commission’ means the Bihar Public Service Commission;

(i) ‘Department of the Government of Bihar’ means a department as specified in the Rules of Executive Business;

(j) Save as otherwise expressly provided in the Rules of a particular cadre, ‘Disciplinary Authority’ means Appointing Authority or any other Authority authorized by it who shall be competent under these Rules to impose on a government servant any of the penalties specified in Rule 14 of these Rules;

(k) ‘Government servant’ means a person who-

(i) is a member of a service or holds a civil post under the State and it includes any such person on foreign service or whose services are temporarily entrusted to the Government, or a local or other authority;

(ii) is a member of a service or holds a civil post under the Government and whose services are temporarily entrusted to the Union Government or any other State Government;

(l) ‘Head of the department’ for the purpose of exercising the powers as appointing, disciplinary, appellate or revisional authority, means such authority who is declared as the head of the Department under the Bihar Service Code;

(m) ‘Head of the office, for the purpose of exercising the powers as appointing disciplinary, appellate or revisional authority, means such authority who is declared to be the Head of the Office;

(n) ‘Secretary’ means a Secretary to the Government in any Department;

(o) ‘Service’ means a civil service of the State;

(p) ‘Valid notice’ means a notice as provided under C.P.C. and the General Clauses Act.

3. Application of these Rules. – (1) These Rules shall apply to every Government Servant but shall not apply to-

(a) any member of the All India Services,

(b) any person in casual employment,

(c) any person subject to discharge from service on less than one month’s notice,

(d) any person for whom special provision is made, in respect of matter covered by these Rules, by or under any law for the time being in force or by or under any agreement entered into with the previous approval of the Government before or after the commencement of these Rules, in regard to matter covered by such special provisions.

(2) Notwithstanding anything contained in sub-rule (1), the Government of Bihar may, by order, exclude any class of Government Servants from the operation of all or any of these Rules against him.

(3) Notwithstanding anything contained in sub-rule (1), these Rules shall apply to every government servant temporarily transferred to a Service or post coming within (d) in sub-rule (1).

(4) If any doubt arises with respect to the provisions of these Rules the matter shall be referred to the Government in the Department of Personnel & Administrative Reforms, whose decision shall be final.