AGT orders dated 28.07.2011 issued by CCO, C.Ex., Ahmedabad

AGT - 2011 Orders dated 28.07.2011 issued by CCO, C.Ex., Ahmedabad Zone :



-> View order - Inspector Estt. Order No. 45/2011


-> View order - Superintendent Estt. Order No. 44/2011

Suggestions submitted by National Federation on new Draft Transfer / Rotation policy

Suggestion submitted to the DG (HRD), CBEC, New Delhi by National Federation regarding new Draft transfer / placement policy vide letter dated 27.07.2011.

CCP Jamnagar - Inspectors' Order

Customs (Prev.) Jamnagar - Inspectors' AGT Order dated 27.07.2011

- View Page - 1

- View Page -2

Comments on new proposed transfer policy for Group 'B' officers.

Views / comments received from members of the Association :

To formulate a new transfer policy with the objective aim to provide transparency & clarity to promote integrity, efficiency and performance of the officers.

This is very good thing if department really wants to do so but, on going through the draft of proposed policy, it looks like a miracle. In the proposed policy, Chief Commissioner and Commissioners’ are given vast discretion powers. In guise of administration they will be able to post an officer from one sensitive charge to another sensitive charge, as also going on presently viz..

(i) Many such instances are noticed wherein certain officers continuously allowed to work in sensitive charge. On paper they are rotated from sensitive charge to non sensitive charge from time to time but in the guise of administration they are allowed to hold additional charge of some other sensitive charge by making order on the note sheet of a file. Such charge/posting did not reflect anywhere in the establishment record or history of posting of the officer. By this way certain officers get back door entry and continuously enjoying sensitive charge. Everybody knows that such types of postings are given only to those officers, who are close & submissive to the higher-ups irrespective of their work performance towards department.

(ii) Practically it is not feasible for the Chief Commissioner or Commissioner to monitor of each and every officer, directly. They get feedback from the AC/DC/JC or from his ACR grading. Everybody knows that generally excellent and outstanding gradings are given to those officers, who are close and submissive to the higher-ups.

In absence of strict transfer / rotation policy, transfer and fairness may not be expected from the administration. You are therefore requested to make strong representation / submissions before the CBEC on behalf of our association to frame strict rotation/ transfer posting policy by leaving minimum discretion with the Chief Commissioner and Commissioners’ in rotation/ transfer posting policy of Group “B” officers for better and efficient performance of all the officers. To ensure transparency, all rotation/ transfer posting orders and HOP of the officer should invariably be placed on the website of the concerned office.

Postings in Vigilance Branches should not be considered sensitive, since there is no public dealing involved, and no discretionary responsibilities are entrusted with them in such postings.

Views / comments regarding new Customs Policy in Gujarat

Views / comments received from members of the Association :

With respect to the change of Customs policy in Gujarat I would also like to write few lines with a request to draw kind attention of the CBEC:

The Chief Commissioner has totally changed the transfer posting policy of Customs in Gujarat. As per new policy, totally inexperienced officers have been posted in customs. Newly recruited Inspectors, who have joined department in 2011 and did not have any experience of the department, but been posted at Custom House, Kandla/Mundra. Rest of
the officers are those officers, who have never worked in customs or worked in customs in past but have longest gap.

Posting of junior most and never worked in Customs at Major Port, Kandla and Mundara is illogical and irrational so far as such place of posting are not at all a place for novice or a training centre. Only well experienced officers should be posted at such places to have check on evasion of duty or mis-declaration of goods etc. The posting on seniority basis (holding Customs experience officers should be allotted only higher ratio) and also on willingness basis would prove more effective tool to curtail any such unscrupulous activities. Junior most officers should be trained and be appraised with the Customs work at Headquarters level, Division level and minor Customs Ports before considering their posting directly to major Customs Houses. The posting like major Customs Houses, ICDs, DGCEI, DRI, Anti-evasion etc. warrants experience holder officers to justify the core function of the department. The policy framed for Customs, in this way, would prove to be ineffective illogical and absurd to curtail any unscrupulous activities or evasion of duty.

In every organization or private sector, it is seen that preference is given to the experienced person and accordingly to his/her experience important work is assigned to them, posting and promotion are offered on the basis of their experience only. Merits counts for them, but here in this new policy framed by the Chief Commissioner, experience have no value and experience holders have been deprived from Customs postings. Preference is being given to the inexperienced officers. Experienced officers who had worked in Customs would be deprived from Customs Posting for a long time and they may not get chance to work again in Customs. Recently many smuggling / duty evasion cases have been booked at Kandla, Mundra & Pipavav Port though, as per new policy, inexperienced officers have been posted at theses ports. Purpose behind posting of inexperience officers at major ports is out of understanding.

The new policy framed would create only dissatisfaction amongst officers, disturbing their family life too. The earlier policy was a balanced policy giving officers the equal opportunity to work efficiently in Department and simultaneously look after the welfare of their family, which too, is the part of their duty. The administration should have consideration for family life too, to improve the performance of the officers. A disturbed man cannot perform good deeds up to the mark. So the administration should reconsider certain points and should make the systems of our department strong instead of opting option to post a novice directly to Customs, that to major ports, Customs Houses. To deprive the experience holders from posting of Customs for a long time would also make them inexperience and their experience all in vain. Therefore, permanent willing Customs staff will be a better option to improve the work efficiency.

These are merely the feelings and suggestions without any prejudice and in the interest of department and welfare of Staff. You are requested to please take-up the matter and draw kind attention of the Board in the matter and make a representation in this regard please.

Draft Revised Transfer/ Placement Guidelines by DG, HRD.

Draft Revised Transfer/ Placement Guidelines for Group ‘B’ Gazetted and Non-Gazetted Executive Officers (posted to Central Excise & Service Tax formations) circulated by DG, HRD.

- View Draft Revised Transfer/ Placement Guidelines

All the members of the Association are requested to offer their views / comments / suggestions on the above draft Transfer / Placement guidelines at the earliest so it can be brought to the notice of higher authorities.

Repatriation orders dated 13.07.2011

Orders of Inspectors & Superintendents repatriating from Customs to Central Excise :


- View Inspectors order dated 13.07.2011

- View Superintendents order dated 13.07.2011

Letter to the Commissioner, Customs (Prev.), Jamnagar

F.No. AICEIA/RJT/1/2008
Date: 30.06.2011

To,
The Commissioner
Customs Preventive,
Jamnagar.

Sir,

Sub: Forwarding of representation submitted by the officers of Customs (Prev), Jamnagar.

With reference to the subject matter, the situation prevailing at Customs Commissionerate Preventive, Jamnagar has compelled this association to make this representation for your kind consideration.

It has been brought to the notice of the association that the representations/ request transfer applications submitted by the officers of Custom(Prev),Jamnagar are not being forwarded to the Chief Commissioner, Central Excise Zone, Ahmedabad. Earlier some representations were forwarded to Commissioner, Central Excise, Rajkot, however same are not forwarded to Chief Commissioner, Central Excise Zone, Ahmedabad.

It is humbly requested, that all the representations/ request transfer applications submitted by the officers may please be forwarded to the Chief Commissioner, Central Excise, Ahmedabad Zone, Ahmedabad .

Thanking you in anticipation,

Yours faithfully,

(Dilip J. Pandya)
Secretary

Copy of orders issued

Copy of orders issued :

--> View Inspector to Superintendent promotion order dated 30.06.2011

--> View Inspectors' AGT (Customs) dated 29.06.2011

Letter to Chief Commissioner, C.Ex., Ahmedabad

F.No. AICEIA/RJT/1/2008

Date: 27.06.2011

To,

The Chief Commissioner,

Central Excise Zone,

Ahmedabad.

Respected Madam,

With reference to the subject matter, this association would like to make this representation for your kind consideration.

Madam, your kind attention is invited to the present position of officers of Rajkot Commissionerate posted to Bhavnagar Commissionerate. During the restructuring of jurisdiction, bifurcation of the Rajkot Commissionerate which was carried out in the year 2001-02, two Central Excise Commissionerates viz. Bhavnagar and Rajkot came into existence. Due to carving of new Bhavnagar Commissionerate, there occurred an inevitable staffing imbalance and an consensus was arrived at, at the relevant time that the deficiency in Bhavnagar Commissionerate in the executive cadre would be would be filled up by Ahmedabad Sector and accordingly the orders were issued. This practice was discontinued from the year 2004-05 onwards and only the Inspectors of Rajkot Commissionerate are being posted to Bhavnagar Commissionerate as per the policy.

Madam, your kind attention is invited to the present position of officers of Rajkot Commissionerate posted to Bhavnagar Commissionerate. At the time of the annual general transfer order issued in 2008, 2009 and 2010 some officers whose parent Commissionerate is Rajkot Commissionerate, on repatriation from Customs Preventive Commissionerate Jamnagar were posted to Bhavnagar Commissionerate. Some of these officers were repatriated back to their parent Commissionerate i.e. Rajkot Commissionerate but some are still waiting.

In this connection, your kind attention is invited to the Transfer Policy for Rajkot Sector framed by the Hon’ble Chief Commissioner, Central Excise, Ahmedabad vide his office letter F.No. II/3-11/CCO/2002 Pt.-I dated 13.05.2009 wherein the posting of officers to Central Excise Bhavnagar Commissionerate is elaborated at para (4) which reproduced below for ready reference :

(4) In case of deficiency/vacancy in the number of officer in Bhavnagar Commissionerate, subject to administrative exigencies, the officers shall be posted in the following manner.

(i) the officers who are willing to work in Bhavnagar Commissionerate may be given priority;

(ii) newly recruited officers shall be posted at Bhavnagar Commissionerate;

(iii) Officers posted from Ahmedabad Sector may be posted to Bhavnagar Commissionerate;

(iv) If there is shortage of officers, even after above exercise, then newly promoted officers may be posted and, if still required, senior most officers in terms of tenure in Rajkot Commissionerate may be posted to Bhavnagar Commissionerate.

(v) Except on administrative exigencies, tenure of officer posted to Bhavnagar from Ahmedabad Sector as well as Rajkot Central Excise will normally be same.

At present we do not have specific cadre of Custom officers. The Central Excise officers of Rajkot Commissionerate and Bhavnagar Commissionerate are sent on transfer basis to man Customs formation. As per the existing transfer policy, the tenure of officers transferred from Ahmedabad Sector to Rajkot Sector in respect of existing Superintendent is one year and the tenure of newly promoted Superintendent is two years, hence, as per the transfer policy tenure of officers posted to Bhavnagar Commissionerate from Central Excise Rajkot / Customs Commissionerate, Jamnagar will be two years in case of promotee officers and one year for existing officers.

The Association would like to request that in light of para 4 of the existing transfer policy, the officers whose parent Commissionerate is Rajkot Commissionerate, and were posted during the AGT 2008, 2009 and 2010 to Bhavnagar Commissionerate on repatriation from Customs Preventive Commissionerate Jamnagar are due for repatriation to their parent Commissionerate may be transferred to and posted to their parent Commissionerate i.e. Rajkot Central Excise Commissionerate.

It is sincerely requested to consider the above request and issue suitable orders for the transfer of the above officers to their parent Commissionerate taking into consideration the guidelines framed under transfer policy particularly in respect of offices posted to Bhavnagar Commissionerate. Sir, the members of this Association would be greatly indebted to your Honour if the above concerns are looked in to favorably.

Thanking you in anticipation,

Yours faithfully,

(Dilip J. Pandya)

Secretary

Copy to :

The Commissioner, Central Excise, Rajkot.

The Commissioner, Central Excise, Bhavnagar.

The Commissioner, Customs Preventive, Jamnagar.

Letter to Chief Commissioner, A'bad

All India Association of Central Excise Gazetted Executive Officers, Rajkot Unit

And

All India Central Excise Inspectors’ Association,

Rajkot Branch

(REPRESENTING INSPECTORS OF CENTRAL EXCISE – RAJKOT, BHAVNAGAR AND CUSTOMS (PREV) JAMNAGAR COMMISSIONERATES)

Date: 15.06.2011

To,

Chief Commissioner of Customs,

Gujarat Zone,

Ahmedabad

Madam,

​Sub. :​New Transfer/Placement /Deputation Policy for Customs Zone – Regarding.

​We are in receipt of the new Transfer and posting policy for Superintendent and Inspector in the Gujarat Zone Ahmedabad. In spite of various deliberations, the administration has proceeded to issue the new policy and has been circulated on 10.06.2011.

​Your goodself is well aware that the policy is over delayed and issuing of customs order and joining at the new place of posting will require another fortnight or so. It appears that there are various discrepancies in the new policy which might be due to hasty preparation of the same to meet the time limit. Hence, the two lists of officers likely to be affected in the AGT, circulated by the administration are replete with errors i.e. because everything appears to have been prepared at the last hour and predictably errors and omission were bound to happen. Further there is a grave apprehension pervading amongst the members of this association that on account of many inconsistencies and anomaly in the Policy, the execution and implementation part of the policy is going to be a Herculean task, if not impossible. Conditions and criterion laid down in the existing policy are contradictory and its implementation is bound to violate the conditions contained therein or produce weird result.

​This Association has never taken adamant stand that no new policy is acceptable, however since the initiation and formulation of the new policy was at the eleventh hours, there is hardly any time left at disposal to iron out any grey areas that have crept into the new Policy. This association strongly feels that this is not an opportune time to alter the framework of existing Transfer and Posting Policy or rectify the grey areas of the new Transfer and Posting Policy, as the academic year has started, fees and books purchased and add to this monsoon has set in and therefore it has become increasingly difficult to cope up with any change in the domicile for the officers.

In the forwarding letter, it is clearly mentioned that after implementation of the Customs policy, proposed Central Excise policy will be taken up for finalization, which indicates that you are determined to implement the Customs policy by any means.

​Madam, you may like to appreciate that in Gujarat there is no separate and independent work force for Customs. The officers working in the Customs formations are basically officers of Central Excise and posted to Customs formations. Central Excise Commissionerates are providing officers to Customs Commissionerates as per the present practice of ‘willingness’. This is the legal and well established practice and as such no Customs policy can be framed in isolation. It may be seen that all officers at present working in Customs are to be posted in Central Excise formations.

​The association, once again like to be on record that your decision to scrap the policy of willingness, lacks assessment of the factual position and practice and fails to visualize the difficulties which will be faced by the administration in doing so. We once again request you to direct the concerned authorities to issue AGT orders as per the prevailing policy. The association also feels that provision of 70 % and 30 % incorporated in the new customs Policy is also required to be shunned, as in the customs formation, Kandla and at Jamnagar Commissionerate there would be only 25 % of officers who would be repatriated to customs and therefore rest 75 % would be senior officers only. Therefore the criterion of the ‘never-worked-in-customs’ should be only on the basis of senior and willing officer only.

However, the following points in the new policy needs to be reconsidered and revisited by your good self.

a.​As per the last condition of the para no. 3, the officers are liable to be transferred and posted to any place in the jurisdiction of Gujarat Customs Zone. (emphasis supplied to “any place in the jurisdiction of Gujarat Customs Zone”).

​In the meeting held with your honour you principally agreed that the officers will be posted within his concurrent Central Excise zone only. Therefore, instead of the officers being posted at any place in entire Gujarat Customs Zone, the emphasis should have been to post in an around his parent central excise commissionerate. More confusion and apprehension is in the minds of the staff as this particular clause will take route of victimization by posting them anywhere in Gujarat Customs Zone on the administrative ground. Hence it is requested to suitably amend this para 3.

b.​Similarly, the para 4 of the Policy pertaining to criteria for posting in Customs Zone is also required to be clarified. Here the condition (ii) reads as under ;

“(ii)​Once an officer is assigned a customs tenure, he shall not be considered for Central Excise before completion of the tenure. Similarly, once already moved out for Central Excise outstation tenure, he shall not be picked up for Customs outstation tenure.”

Under the first part of the condition, the boundary between Customs and Central Excise has been made non-porous. The officer once posted to Customs will have to complete Customs tenure, come what may. This water-tight compartment would not be palatable to officers. Second part of the clause is very confusing. It states that once already moved out for Central Excise outstation tenure, he shall not be picked up for Customs outstation tenure. The clause needs to be explained with example, for each sector. Further, it needs elaboration as to what is Central Excise outstation tenure and what is Customs outstation tenure means and still further what the administration mean by the term, Outstation.

c.​Third condition, of the para 4 of the Policy is further more difficult to understand and even more complex to implement. It reads as under :

“(iii) ​Between two outstation postings, either in Central Excise or Customs, there should be a gap of 8 years i.e. on completion of an outstation Central Excise tenure, the officer will not be posted in any outstation in Customs.”

Without the definition of outstation postings it is difficult to exactly gauge the implication of the above condition. Further if the HQ and division postings are considered as ‘station’ posting and rest as ‘outstation’ postings, which appears to be decipherable meaning of the said term, there would be hardly any officers from Rajkot sector who would have not moved out to ‘outstation’ in previous 8 years. From this condition it appears that no officer from Rajkot sector is going to be effected.

d.​Para 5 of the Policy pertaining to posting of officers to Customs commissionerate is also not free from confusion. Until the officer is posted to specific commissionerate there would be uncertainty as to where he would land up. Past experience has revealed that the system of ‘preferences’ called for by the administration is rarely being followed in letter and spirit. Yet, the administration has not defined the station A, B and C and has deliberately kept the room from deviating from the policy in the selected case so as favor or disfavor in individual cases.

e.​Para 5(ii)(b) of the policy pertaining to Lady officers reads as under :

“(b)​Lady officers whose name feature in the list would be allowed to exercise an option of not taking up a customs tenure outstation.”

​Again this clause has been drafted probably keeping in mind the officers of Ahdmedabad/Vadodara sector. For Rajkot sector, there is no Customs posting in or around Rajkot city upto 100 kms. Whether Jamnagar HQ would be considered as Outstation posting or not, needs clarification. For the lady officers of Rajkot commissionerate, any posting in Customs formation, is an “Outstation Posting”. Therefore relief extended to the lady officers in the new Customs policy will not be really relief any sort of relief to the lady officers of the Rajkot Commissionerate. Under the above circumstances, whether the lady officers would be allowed to exercise the option of not opting for a Customs tenure, at all, if not willing !!!.

​The lady officers of the Rajkot Commissionerate has expressed their readiness to take up the Customs assignment if the Customs formation is set up at Rajkot and even aired the view that Customs Headquaters be shifted to Rajkot, so that the conditions envisaged in the new Customs Transfer and Posting Policy can be implemented similarly at par with the lady officers of the Ahmedabad Commissionerates. Lastly they also opined that if the Customs HQ is shifted to Rajkot city, it would be administratively and geographically better to handle and control the jurisdiction of the Customs formation from Rajkot.

f.​After the completion of 4 years in Customs commissionerate/zone the policy is silent about the repatriation of the officers. This is grave cause of concern even in the present policy as an officer who has completed more than his tenure in Customs is not brought back to parent commissionerate even after 4 year or extended period and his being thrown at the mercy of the administration to post it any where in the Zone as per the vacancy. However, it is further to mention that in spite of the vacancy in the parent commissionerate he is subjected to whims of the administration. This concern may be addressed in this policy.

g.​The new customs policy is not in consonance and repugnant to the existing central excise policies which are presently effective in various Central Excise zones. For eg. An officer who has not completed the station tenure in Central Excise will be compelled to move out of that station due to new Customs policy.

h.​As per para 5 (i) “officers from South Gujarat Zone shall not be posted in the same station, where they were working before allocated to Customs Zone” this point is in contrast to the postings for Ahmedabad Zone as no such condition have been imposed on officers being posted to Customs from Ahmedabad Zone. An officer posted in Ahmedabad Central Excise may be posted to Customs in Ahmedabad city however the officers from South Gujarat Zone have to compulsorily change their station in case of Customs postings. Why this discrimination among the same cadre of officers when the entire Gujarat Customs is considered as single Zone and the idea is to give exposure to all. This lacuna may be kindly rectified.

i.​In line with Transfer / Placement Policy of Group “A” Officers circulated by ministry vide letter F. No. A-22011/03/2008-Ad.II dated 05.04.2011 at para 9.5, an officer requesting retention at a particular station on the ground that his / her child/ward is studying in the Class – X and Class – XII is required to be considered favorably and therefore in the new Custom policy the condition of Class – X, is required to added besides Class – XII condition. Further it would be apt to mention that w.e.f. the academic year 2011-12, the system of single board examination in class – XII in the State Board, is being dispensed with and new semester, wherein a child has to face four board examination in part in four semesters and all four semesters carry equal weightage and importance for the final result of Class – XII. Accordingly, the members of this Association are of view that not only Class- X and Class – XII, the officers be considered for his preferred station but in newly panned out scenario Class – XI has also equal importance and therefore the officers whose ward are studying in standard 10, 11 and 12 may considered for their preferred station.

j. ​Further as per para 5.5 of the terms and tenure of stay at different stations / cities of the country the Group “A” Transfer Policy. At the said para, it is laid down that the time spent at certain (non-sensitive) posts shall not be counted for computing the overall period for particular station. Accordingly, keeping in view the provisions made vide para 5.5 of the Transfer / Placement Policy for Group-A officers, it is requested that a provision, on similar line may also be made in the case of Group-B and Group-C officers of the Commissionerate too. This Association proposes the following (non-sensitive) posts/sections in the commissionerate of Rajkot sector, the tenure spent at which, should not be counted for computing overall period at any Headquarters for the purpose of Transferring Group- B and C officers :

(i) Legal (ii) RRA, (iii) Vigilance (iv) Confidential (v) Adjudication (vi) Statistics (vii) Recovery (viii) Technical (ix) GSO / PRO (x) Training (xi) SPS (xii) All other charges where there is no direct and regular interface with the public and trade.

Accordingly, it is requested that the existing Transfer Policy of the Group B and C officer, be amended in line with the Transfer/Placement Policy of Group - A officers. However, while counting the tenure in the aforesaid manner, the officer should have option so as to include the tenure at above non-sensitive sections as well. While conducting the Annual General Transfer, 2011 the period for which the officers worked at above non-sensitive charge/s should be excluded for the purpose of counting station / Headquarters tenure of six / four years.

​In view of the above inconsistency and to end the logjam, it is earnestly requested that the new Transfer and Posting policy be put to moratorium or either call for willingness of the officer to move to Customs formation, so that the issue can be resolved without much hassles and causing havoc amongst the officers and their family members due to following reasons.

a.

The willing officers are the experienced one who have previously worked in Customs and the administration desires the experienced staff as can be gathered from the new policy.

b.

POs and Appraisers of customs are the permanent staff working in Customs in Major Customs house forever, and their nexus have not been found in spite of single/one type of work and inspite staying at the same station for life long period, then how come the administration presumes nexus here needs to be pondered over. The lower echelon staff can not have nexus with the evaders, as they do not possess the unbridled powers to have a free hand to go hand in the glove with the evaders.

c.

Today is the era of specialization and expertise in particular field, one ought to be happy and pleased to possess at his disposal the specilised staff, however the administration under the gamut of present Transfer and Posting Policy wants to displace them to expose them to the new region and areas, which is quite a novice move on the part of the administration.

The associations, once again reiterate and lodge the protest against the new Customs policy, and have genuine apprehensions that the administration may not be able to issue AGT, complying all the provisions of the new policy and it will consequently only prolong the period of uncertainty and stress among the members. IT IS ONCE AGAIN REQUESTED TO DEFFER WITH THE NEW CUSTOMS POLICY LIKE THE EXCISE POLICY IS DEFERRED AFTER TAKING INTO ACCOUNT ALL THE FACTORS AND ITS REPURCUSSIONS.

Yours faithfully,

(G.K.Jhala)​ (Dilip J. Pandya)

​ Secretary​ Secretary

​Superintendent Association Inspectors Association

​ Rajkot​ Rajkot

Copy submitted to :

(i)

The Member (P&V), CBEC, New Delhi.

(ii)

The Commissioner, Central Excise, Rajkot.​

(ii)

The Commissioner, Central Excise, Bhavnagar.

(iii)

The Commissioner of Customs(Prev), Jamnagar.

(iv)

The Secretary General, All Indian Association of Central Excise Gazetted Executive Officers, New Delhi with a request to take up the matter urgently with the CBEC.

(v)

The Secretary General, All India Central Excise Inspectors’ Association, Kolkata with a request to take up the matter urgently with the CBEC.

(vi)

Vice President, Group “B” Gazetted Executive Officers Association, Bhavnagar Central Excise Commissionerate.

(vii)

Vice President, Group “B” Gazetted Executive Officers Association, CCP Jamnagar.

Letter to Hon'ble Chairman, CBEC, New Delhi

All India Association of Central Excise Gazetted Executive Officers, Rajkot Unit

And

All India Central Excise Inspectors’ Association,

Rajkot Branch

(REPRESENTING INSPECTORS OF CENTRAL EXCISE – RAJKOT, BHAVNAGAR AND CUSTOMS (PREV) JAMNAGAR COMMISSIONERATES)

Date: 17.06.2011

To,

Hon’ble Chairman,

Central Board of Excise &Customs,

New Delhi.

Respected Sir,

Subject : Annual General Transfer for the year 2011 in the Rajkot Sector of Gujarat Zone.

​Sir, as your goodself must be aware of the severe logjamthat has occurred in issuance of annual transfers order in the commissionerates of entire Gujarat Zone, due to abrupt and gravely ill-timed change proposed in the existing Transfer and Posting Policy in the Customs side of the Gujarat Zone by the Chief Commissioner of Customs, Gujarat Zone, Ahmedabad.

2.​The new Transfer and Posting Policy for Gujarat was floated by the office of Chief Commissioner at the fag end of May, 2011. On being apprised about the practical and administrative difficulties in overhauling the entire Central Excise set-up, Chief Commissioner of Customs, AhmedabadZone, Ahmedabad (who incidentally holds the charge of Chief Commissioner of Central Excise, Vadodara Zone and Ahmedabad Zone) has agreed to defer the Central Excise policy as of now. However, Chief Commissioner is now pressing for effecting transfer and postings under a newly framed Customs Policy circulated on 10.6.2010. The deadline for issuance of Annual Transfer orders framed by the then Chief Commissioner of Central Excise, Ahmedabad for Rajkot Sector, comprising of Central Excise Commissionerates of Rajkot and Bhavnagar and Customs (P) Commissionerate, Jamnagar is 15th April and the new Customs Policy now circulated by the Chief Commissioner of Customs, Gujarat Zone, Ahmedabad, irrespective of its merits/demerits, also set out the deadline for issuing orders as15th May. Both these deadlines have passed since long and no orders for Customs formations have been issued.

3.​Consequent upon prolonged and unjustified delay in issuing the orders, our members unanimously believe that issuing any order now does not augur well with overall welfare of members, whose children have already started attending schools for the current academic year, i. e. 2011-12.

In view of above, it would be in the interest of overall welfare of staff and their family members if annual general transfer for Rajkot sector comprising of 3 Commissionerates as above, is concluded by issuing minimum station transfer orders &rotation orders after taking into consideration request/willingness made by individual members.

​​ Thanking you,

Yours faithfully,

(G.K.Jhala)​ (Dilip J. Pandya)

​ Secretary​ Secretary

​Superintendent Association Inspectors Association

​ Rajkot​ Rajkot

Copy submitted to :

(i)

The Member (P&V), CBEC, New Delhi.

(ii)

The Chief Commissioner, Customs Zone, Ahmedabad.

(iii)

The Commissioner, Central Excise, Rajkot.​

(ii)

The Commissioner, Central Excise, Bhavnagar.

(iii)

The Commissioner of Customs(Prev), Jamnagar.

(iv)

The Secretary General, All Indian Association of Central Excise Gazetted Executive Officers, New Delhi with a request to take up the matter urgently with the CBEC.

(v)

The Secretary General, All India Central Excise Inspectors’ Association, Kolkata with a request to take up the matter urgently with the CBEC.

(vi)

Vice President, Group “B” Gazetted Executive Officers Association, Bhavnagar Central Excise Commissionerate.

(vii)

Vice President, Group “B” Gazetted Executive Officers Association, CCP Jamnagar.

View / comments received from members :

Views / comments received from members of the Associations :

Policy should be given Sector wise and there was no need to give Customs policy as whole Gujarat Zone and Central Excise Policy as Baroda Zone and Ahmedabad Zone.

AGT-20111 is already badly delayed should not be further delayed. Because many members may have to shift their family to new place of posting. Both Academic year and monsoon have already started. June is not time for framing and discussion of policy; this should be done on or before March.

AGT should be completed in the last week of March or first week of April, so that the officers who are shifting their family may not have problem of admission in School for their children.

There is no head and tail in the policy. It is not transparent and self contained or explanatory. There is much more ambiguity in the policy.

There is no clarification that Customs Tenure will be counted cadre wise or irrespective of cadre.

Posting in Customs will be all the three Commissionerate (para 2.4 ) which is not acceptable. Officers should not be posted out of his/her Sector. If this is accepted, rest assure the same will be implemented in C.Excise next year. Para 04 is not clear and acceptable. It seems that concept of outstation is applicable to Ahmedabad Sector only.

Rajkot Sector is already having deficit if officers are sent to Ahmedabad then more officers from Ahmedabad which will not be convenient to them also.

Rajkot Sector is having wide and odd jurisdiction having two Central Excise Commissionerate and one Customs which are located in three different city. Members are already displaced within the Sector, transfer out of Sector (state level or zone level ) will increase their difficulties. Considering special circumstances and difficulties the then dynamic Chief Commissioner who has taken great care of the staff and has given separate policy for Rajkot Sector during 2009 which may be kept continued as it is. Officers can give their best performance at his native place only. Because they may not have worries of their family.

Transfer in bigger circle/area will result in more expense to the government and will get less disposal as members will take more leave. And daily/weekly updown and staying without family will also effect on the moral and efficiency of the members.

Without any valid reason such a major change in transfer policy existing since long is not justified.

If the policy is being implemented then maximum officers will get displacement and there will be very few officers who are conversant with files/documents. Therefore, routine work will suffer and efficiency will decrease.