F.No. AICEIA/RJT/1/2008 Date: 15.07.2014
The Chief Commissioner,
Sub : Estt. Order No. 37/2014 dated 7th July, 2014 issued by the Joint Commissioner (P&V), Central Excise, Rajkot : Matter regarding.
Kindly refer to the Estt. Order No. 37/2014 dated 7th July, 2014 issued by the Joint Commissioner (P&V), Central Excise, Rajkot wherein 10 Inspectors from Rajkot Commissionerate have been posted to Bhavnagar Commissionerate and against them 10 Inspectors have been repatriated from Bhavnagar Commissionerate to Rajkot Commissionerate.
We are thankful to your goodself for repatriating 10 Inspectors from Bhavnagar Commissionerate to Rajkot Commissionerate as provided under the Policy. However, it appears that the existing policy for posting of Inspectors to Bhavnagar Commissionerate has not been adhered to while posting the Inspectors to Bhavnagar Commissionerate.
Para 4 of the existing Policy has clearly laid down the guidelines for filling up the deficiency of Inspectors at Bhavnagar Commissionerate. Scrutiny of the names of 10 Inspectors posted to Bhavnagar Commissionerate reveals that the criteria laid down vide the existing Policy has not been followed by the administration. Being specific, it is to submit that the policy neither mentions that half of the juniors and half of the seniors are to be posted to Bhavnagar nor it gives exemption to any category for posting to Bhavnagar. Further, the logic applied by the administration in picking up the 5 senior Inspectors is not in conformity with the existing policy.
Although it is categorically mentioned in the policy that the representation of the officers due for posting to Bhavnagar are to be called for and decision for their posting is to be taken only after considering the representation. In the instant case, the administration has neither published the list of officers nor gave them any chance to submit the representation. Thereby, the officers are deprived of their right as provided under the policy and the principle of natural justice has been violated.
In light of the above, it is requested to amend the Estt. Order so that the criteria laid down under the policy is followed and the justice is rendered to all the officers.
Thanking you in anticipation,
Copy submitted to :
1. The Commissioner, Central Excise, Rajkot.
2. The Commissioner, Central Excise, Bhavnagar