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State of Jharkhand - Section

Section 861 in Bihar Education Code, 1961

861. Conditions upon which a Government Officer may transfer his services to another Government Office or Department.

- The following conditions regulate the transfer of an officer in the Department to a different Government office or Department :-
(1)The person who wishes to transfer his services must obtain the consent of the authority which appoints to his existing post. 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 recourse, by dismissal from his former post and consequent loss of pensionable service. Resignation of his former appointment will not protect him from this penalty.(G. of I. Resolution no. 3205-P., dated the 27th June, 1910.)
(2)When an application for permission to apply for a post in another 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 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 office or 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 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.
(3)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 the previous consent of the head of the office or Department in which he is employed. In 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.(Government Circular no. 312-77-A., dated the 12th of January, 1929.)Note. - The foregoing rules 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.