Letter to CC, C.Ex., Ahmedabad regarding gross violation of transfer policy in AGT orders.

::  ALL INDIA ASSOCIATION OF CENTRAL EXCISE & CUSTOMS GAZETTED EXECUTIVE OFFICERS :: 

::RAJKOT BRANCH ::

::  ALL INDIA CENTRAL EXCISE INSPECTORS ASSOCIATION  ::

:: RAJKOT BRANCH ::

Date :  19^th June, 2014.

To,

The Chief Commissioner,

Central Excise, Ahmedabad Zone,

Ahmedabad.

Respected sir,

Sub :   Gross violation to the policy while issuing the Estt. Order No. 27/2014 & 28/2014, both dated 19^th June, 2014 issued by the Commissioner, Central Excise, Rajkot : Matter regarding.

            Your kind attention is invited to the Estt. Order No. 27/2014 &  28/2014 both dated 19^th June, 2014 issued by the Commissioner, Central Excise, Rajkot.

            Vide Estt. Order No. 27/2014, 19 Superintendents who are under order of posting to Rajkot Sector have been posted to Central Excise, Bhavnagar and 6 Superintendents have been posted to Rajkot Commissionerate. Further, 11 Superintendents have been transferred from Bhavnagar Commissionerate to Rajkot Commissionerate and 7 Superintendents have been transferred from Rajkot Commissionerate to Bhavnagar Commissionerate. Your attention is invited to Sr. No. 1 & 2 of the said order wherein two Superintendents belonging to Ahmedabad Sector have been posted to Rajkot Sector. This is in violation to the existing policy. Para 4 of the policy provides that all the Superintendents belonging to Ahmedabad Sector are to be posted to Bhavnagar Commissionerate only so far as there is deficiency at Bhavnagar Commissionerate. Thus, by posting these two Superintendents to Rajkot Commissionerate, the administration has grossly violated the policy provisions.

Further, vide above order, 20 Inspectors who got repatriated from Customs charge have been posted to Central Excise Commissionerate, Bhavnagar and against the same, 9 Inspectors have been transferred from Central Excise, Bhavnagar to Central Excise, Rajkot.

            In this connection, it is to submit that as per para 4(v) of  the policy, the tenure of Inspectors posted at Bhavnagar Commissionerate is 1 year. At present, Inspectors of Rajkot Commissionerate posted to Bhavnagar Commissionerate who are due for transfer to Rajkot Commissionerate in the AGT-2014 as per the policy. However, out of these Inspectors, only 9 Inspectors have been transferred to Rajkot Commissionerate and remaining are left out who were due for repatriation as per the policy. This is in total violation to the existing policy. The issue was also discussed with the previous Chief Commissioner 2 times during his visit to Rajkot and during our visit to Ahmedabad. At the material time, it was promised that all the officers who were working at Bhavnagar would be brought back to Rajkot during AGT-2014. However, the Committee of Commissioners comprising of the Commissioner, Central Excise, Rajkot and the Commissioner, Central Excise, Bhavnagar, while deciding the postings, grossly violated the policy provisions by not bringing back the Inspectors to their parent Commissionerate on completion of 1 year’s tenure at Bhavnagar Commissionerate.

            It is also to bring to your kind notice that the administration has never published the list of officers who are likely to be posted to Bhavnagar Commissionerate as provided under the policy and did not allow the affected officers to submit their representation. This is also gross violation to the principal of natural justice.

            The grievance was also submitted to the Commissioner, Central Excise Rajkot by the office bearers of both the Associations this evening. However the Commissioner could not explain any reason for violation to the policy and expressed his inability to make any amendment to the Orders in question.

In light of the above, it is requested to intervene into the matter and to direct the proper authority to amend the instant order and not to proceed with the AGT process until finalization of the issue.

            If the administration can not rectify the mistake committed by the Committee of Commissioners, we would be left with no other option to go for the agitation program and to take further course of action in order to get the rights which have been provided to us by virtue of law.

Yours faithfully,

(D.J. Pandya) Secretary, Inspectors Association

(G.K. Jhala) Secretary, Superintendents Association.

Copy submitted to :

1.               The Member (P&V), C.B.E.C., New Delhi.

2.               The Commissioner, Central Excise, Rajkot.

3.               The Commissioner, Central Excise, Bhavnagar.

4.               The Secretary General, AIAOCEACGEO / AICEIA with request to pursue the matter