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1988 (2) TMI 462 - SC - Indian LawsWhether the Central Government is entitled to frame rules for transfer of the employees of the Cantonment Boards under the substituted clause (c) of sub-section (2) of section 280 of the Cantonment Act? Held that:- As has been held by the High Court, the Central Government has power to frame rules about the transfer of the servants of the Board in exercise of its powers under clause (c) of sub-section (2) of section 280 of the Act within the region in respect of which it has jurisdiction. For example, the respondent could be transferred from one hospital of the Cantonment Board, Lucknow, to another hospital under the same Board. But that apart, the Cantonment Act does not authorise the Central Government to frame rules for transfer from one Cantonment Board to another. The High Court was, therefore, quite justified in striking down rule 5-C of the Rules and in quashing the impugned order of transfer of the respondent. Appeal dismissed.
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