The Deputy Commissioner (CCO),
Central Excise: Ahmadabad Zone,
7th Floor, Central Excise Bhawan,
Near Polytechnic, Ambawadi,
Sub: Guidelines or Transfer/Rotation/Posting Policy 2015-Central Excise Zone dated 08.05.2015, as Amended: Reg.
Please refer to your office letter dated 10.08.2016 and Reminder-I dated 06.09.2016 regarding the subject mentioned herein above.
In this regard, it is to intimate that as expressed earlier vide this Association’s letter dated 17.02.2016, this Association is of the considered view that implementation should be given preference over formulation of new Transfer/Posting/Deputation Policy.
Moreover, a new tax system i.e. Goods & Services Tax (GST) is expected to be implemented by the coming Financial Year i.e. 2017-18 and the Department may witness tremendous change in terms of Policy, Techniques and Administration i.e. HR. As such, a necessity shall arise for formulation of new Transfer Policy to augment the changes so made and therefore, this Association expresses its view to postpone any exercise regarding amendment in existing Transfer/Posting/Deputation Policy at least till official publication of Cadre Management by the GST Council.
However, if the administration, in public interest and for administrative exigencies, finds it necessary to bring out changes in existing Transfer/Posting/Deputation Policy just before the introduction of GST, this Association submits its parawise suggestions/comments which are as follows:
(i) Para 1(c) : The criteria as made applicable for Ahmedabad/Rajkot Sector may also be applied for rotation amongst Rajkot/Kutch/Bhavnagar because all the three Commissionerates, unlike Commissionerates of Ahmedabad Sector, are distantly located;
(ii) Para 2(a): Association is of the considered view that CCO& CESTAT should not have been declared part of Ahmedabad Sector and that these 02 offices may be made neutral to both the Sectors i.e. Ahmadabad & Rajkot;
(iii) Para 3(e): This para has not been followed in its letter & spirit in the last 02 AGT’s of Rajkot Sector and that, this para, to minimise displacement of officers of Rajkot Sector, may be made obsolete henceforth;
(iv) Para 3(f): The para, “As far as possible, willing officers of Rajkot Sector may be considered for posting to CCO/CESTAT on merits” inserted vide Amendment dated 02.03.2016 may be made more liberal in the interests of the officers of Rajkot Sector and that officers hailing from both the Sectors may be equally deputed to these 02 formations;
(v) Para 4(b): The amendment brought on 28.07.2016 may be made obsolete and that the authority to issue Transfer/Posting Orders within Rajkot Sector may be given to the Principal Commissioner, Central Excise, Rajkot;
(vi) Para 4(d): The criteria as made applicable for Ahmedabad/Rajkot Sector may also be applied for rotation amongst Rajkot/Kutch/Bhavnagar because all the three Commissionerates, unlike Commissionerates of Ahmedabad Sector, are distantly locatedand therefore officers earlier posted to Kutch/Bhavnagar may not be posted again, so, the word “Other Sector” may be replaced by Kutch/Bhavnagar;
(vii) Para 4(e): The criteria as made applicable for Ahmedabad/Rajkot Sector may also be applied for rotation amongst Rajkot/Kutch/Bhavnagar because all the three Commissionerates, unlike Commissionerates of Ahmedabad Sector, are distantly located and the officers posted to other Commissionerates may be brought back to their parent Commissionerate, if the officers are so willing;
(viii) Para 4(f): The amendment brought on 02.03.2016 may be made obsolete and that officers of Ahmedabad Sector may fill the vacancies at Kutch/Bhavnagar first;
(ix) Para5(b) should be preceded by Para 5(a) as consideration wise, officers falling under Para 5(b) are the first and so, instead of deletion of names of officers of Para 5(b) from Para 5(a), firstly, list of officers falling under Para 5(b) may be prepared;
(x) Para 6(ii): This para is contrary to Para 18 and so, necessary action may be taken to bring uniformity in these 02 paras. Further, no such list regarding both Sensitive & Non-Sensitive has ever been prepared by the administration and if prepared, then not circulated. As such, it is requested to take necessary action for preparation and circulation of the list;
(xi) Para 6(iv) & (vi): No such pool has ever been made and if made, not circulated by the administration. As such, it is requested to take necessary action for preparation and circulation of the list of pool of officers;
(xii) Para 8: The expression “After the posting of officers to Rajkot Sector” gives an impression that the Transfer/Rotation/Posting Policy has been made by the officers of Ahmedabad Sector and for the officers of Ahmedabad Sector only. As such; necessary action may be taken to do away with this anomaly;
(xiii) Para 9 (b): No willingness has ever been called for from the officers of Rajkot Sector. As such, it is requested to obtain willingness of officers before posting them to other Commissionerates of Rajkot Sector;
(xiv) Para 9(e): It seems that discrimination has been made between “Newly Promoted” & “Newly Recruited”. As such, necessary action may be taken to do away with the discrimination;
(xv) Para 9 (f): The para has been deleted by an amendment dated 02.03.2016 and it should be re-inserted to ensure minimum displacement of officers of Rajkot Sector. When an officer of Ahmedabad Sector becomes liable to be posted to Rajkot Sector, it is prudent to post him/her to fill-up the deficiency first and this may be understood by an illustration. If an officer of Ahmedabad Sector is posted at Rajkot and another officer from Rajkot is transferred to Kutch/Bhavnagar then, 02 officers are displaced and accordingly, disbursement in the nature of TTA is to be given to 2 officers. Whereas, if the officer of Ahmedabad Sector liable to be posted to Rajkot Sector is directly posted to fill up the deficiency at Kutch/Bhavnagar, then, disbursement in the nature of TTA is to be given to only 01 officer. As such, necessary action may be initiated not only to minimise displacement of officers of Rajkot Sector but, also to restrict undue extravagance of Govt. Expenditure;
(xvi) Para 10: It has been noticed that some Commissionerates have not forwarded the willingness of officers for rotation/deputation to prestigious Agencies like DGCEI, DRI etc. It is therefore requested to bring some mechanism for forwarding willingness to these specialized Agencies working hard to detect evasion and safeguard Govt. Revenue;
(xvii) Para 12: The para “Inter Commissionerate Transfer ....” gives an impression that the Transfer/Rotation/Posting Policy has been made by the officers of Ahmedabad Sector and for the officers of Ahmedabad Sector and is discriminatory towards the officers of Rajkot Sector. Either flow from Ahmedabad Sector to Rajkot Sector and vice-versa should be totally stopped or smooth flow from Ahmedabad Sector to Rajkot Sector and vice-versa should be ensured. As such, necessary action may be taken to ensure justice to the officers of Rajkot Sector;
(xviii) Para 14: This para seems to be purposeless as Lady Officers, in total contravention of Article 14 & 16 of the Constitution of India, are being granted exemptions in bulk on yearly basis. As such, it is requested to make this para obsolete;
(xix) Para 15 : The expression “Integrity and efficiency would be the main criteria for posting of officers to Sensitive Posts” seems good but, the competent authority and the criteria for deciding “Integrity & Efficiency” have not been divulged. As such, it is requested to bring the necessary amendment to make the para more meaningful and relevant;
(xx) Para 16: Another line, “No sensitive charge should be given to retained officers on medical grounds” may be added;
(xxi) Par 17 : The criteria as made applicable for Ahmedabad/Rajkot Sector may also be applied for rotation amongst Rajkot/Kutch/Bhavnagar because all the three Commissionerates, unlike Commissionerates of Ahmedabad Sector, are distantly located;
(xxii) Para 20: There is so much confusion regarding date, whether it should be AGT to AGT, 31st May or on actual basis in case of 02 years. The word “Two Years” should mean 02 years from AGT to AGT or it should mean 24 months or it should mean 02 years simply. Different paras in the Transfer Policy give a different meaning e.g. as per Para 5(c), 9 and 20 are not in consonance with each other;
(xxiii) Para 21: Advance list is prepared in case of Customs only. No such list is prepared in other cases for Rajkot Sector. As such, it is requested to publish Due Lists of officers of Rajkot Sector who are due for outstation postings like Bhavnagar & Kutch as also for Audit-III Commissionerate; and,
(xxiv) Apart from the above, no Policy provides any mechanism for posting of officers repatriated from their Customs & Audit tenure and as such, much ambiguity exists in case of these officers. It is, therefore, requested that a mechanism may be brought out to do away the ambiguity in case of repatriated officers of Customs & Audit.
This is for favour of kind information and necessary action at your end please.
(Rananjay Pratap Singh)
Note: Members are requested to go through the above draft and submit their suggestions latest by 26.09.2016. The suggestions may be provided through mail at email@example.com.