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2021 Supreme(HP) 213

TARLOK SINGH CHAUHAN, CHANDER BHUSAN BAROWALIA
Brij Lal Thakur – Appellant
Versus
Himachal Pradesh State Electricity Board Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. K. D. Shreedhar, Sr. Advocate with Mr. Ramakant Sharma, Advocate.
For the Respondent:Mr. Lakshay Thakur, Advocate, for Mr. C. S. Thakur, Advocate,

JUDGMENT :

Tarlok Singh Chauhan, J.

It was the Government itself, which vide letter dated 20th July, 2019, had imposed complete ban on transfers with clear stipulations that no transfers or adjustments would be ordered by any Departments/Boards/Corporations/ Universities etc. during the ban period without obtaining the prior approval of the Hon’ble Chief Minister to the concerned Minister-in-Charge, that too in the circumstances specifically provided under para 8 of the Comprehensive Guiding Principles-2013, circulated vide OM No.Per(AP-B)-E(3)- 17/2012, dated 10.07.2013, which reads as under:-

    “8. During the ban period: During the period of ban, transfers will be ordered with the prior approval of the Chief Minister, if needed, that too in the following circumstances:-

(i) To fill up the required posts lying vacant in tribal/difficult/hard area which need immediate filling up in the public interest or such functional posts in the absence of which the work is suffering.

(ii) To fill up the vacancies arising on account of retirement, promotion and new creation.

(iii) In the cases where employees are transferred on account of disciplinary proceedings/vigilance cases/criminal proceedings et

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