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WB Services Classification Control & Appeal Rules – Amendment

The disciplinary authority shall, in all cases of enquiry, appoint a Presenting Officer either from officers in service under the Government or a retired Government officer or a legal practitioner as deem fit.

Published in Finance

Government of West Bengal
Finance Department
Audit Branch

No. 4956-F(P), dated 19th September, 2014

NOTIFICATION

In exercise of the power conferred by the proviso to article 309 of the Constitution of India, the Governor is pleased hereby to make, with immediate effect, the following amendments in the West Bengal Services (Classification, Control and Appeal) Rules, 1971, as subsequently amended (hereinafter referred to as the said rules):-

Amendments

In the said rules, in rule 10,-

(1) in sub-rule (4), for the words “an inquiring authority”, substitute the words “an inquiring authority either from officers in service under the Government or a retired Government officer as deem fit”;

(2) after sub-rule (4), insert the following sub-rule:-

“(4A) The disciplinary authority shall, in all cases of enquiry, appoint a Presenting Officer either from officers in service under the Government or a retired Government officer or a legal practitioner as deem fit.”;

(3) in sub-rule (5)(ii), for the words “assistance of any other Government servant”, substitute the words “assistance of any other Government servant or a retired Government servant”;

(4) to sub-rule(5)(ii), add the following provisos:-

“Provided that where such retired Government servant is a legal practitioner, the restriction of the Presenting Officer being a legal Practitioner shall apply:-

Provided further that Government servant who has retired more than three years ago from the date of initiation of the proceeding, shall not be appointed either as an inquiring authority or as a Presenting Officer, nor shall be engaged by the delinquent for assistance.”

By order of the Governor,

Sd/- H.K. Dwivedi
Pr. Secy. to the Govt. of West Bengal.

No. 4956-F dated 19.09.2014, Source