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.