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State of Bihar - Section

Section 180 in Bihar Board's Miscellaneous Rules, 1958

180. Transfer of services to another Government office or department.

(1)It is the duty of a Government officer, who wishes to transfer his services to a different Government office or department, to obtain the consent of the authority which appoints to his existing post before taking up the new employment. If he takes up the new employment without such consent, he commits a breach of discipline and is liable to be punished, in the last resource, by dismissal from his former post and consequent loss of pensionable service. Resignation of his former appointment will not, it should be noted, protect him from this penalty. In granting or withholding consent to the acceptance by a subordinate of other Government employment, the head of an office or department must consider whether the transfer will be consistent with the interests of the public service. Permission should not be refused, however, without strong reason, which should be recorded in writing. The head of an office or department shall not employ, either temporarily or permanently, an officer whom he knows, or has reason to believe, to belong to another establishment without previous consent of the head of the office or department in which he is employed. In the rare cases in which, for reasons which appear satisfactory to the new employer, an officer cannot obtain the required consent before taking up the new appointment, the employment may be made conditional on consent being obtained at the earliest opportunity.
(2)When an application for permission to apply for an appointment in another Government office or department is received, the question whether the applicant can be allowed to take up the appointment, if offered to him, must be settled before his application can be forwarded, regard being had, if the appointment is a temporary one, or on probation, to possible inconvenience from the officer's return as well as to possible inconvenience from sparing him initially. If the officer cannot be spared, the head of his department must refuse definitely to forward his application. If, however, permission be given to apply, that permission carries with it permission to accept the appointment, if offered, and the officer or the head of the department giving such permission is debarred from objecting to the officer taking up the appointment, though of course his convenience must be consulted, within reason, as regards the date of taking it up.
(3)The foregoing instructions apply equally to officers on leave whether with or without allowances. All leave allowances must ipso facto cease on the taking up of new employment other than work of a purely casual nature.