Representation Regarding Ambiguity in Office Order dated 29.03.2016 Issued by CCO (Customs): Reg.

To,

The Chief Commissioner,

Customs: Gujarat Zone,

2^nd Floor, Custom House,

Navrangpura,

Ahmedabad-380 009.

Sir,

Sub: Ambiguity in Office Order dated 29.03.2016: Reg.

Please refer to the Office Order dated 29.03.2016 issued from F. No. II/3-2/Estt./CCO/2013 by the CCO (Customs), Ahmedabad.

In this regard, it is to intimate that the aforesaid Office Order dated 29.03.2016 appears to be ambiguous so far as the latest change in Para 4 (2) of the Transfer/Placement/Deputation Policy for Customs dated 10.06.2011 is concerned.

In this regard, it is pertinent to understand the applicability of the recent change in Para 4 (2) of the Transfer/Placement/Deputation Policy for Customs dated 10.06.2011 and the same may be done by an illustrative example which is as follows:

IMAGINATIVE LIST OF INSPECTORS OF RAJKOT SECTOR WHO HAVE LONGEST GAP IN CUSTOMS (1/3^RD AS PER CUSTOMS POLICY)

S. N	Place of Posting	DOB	Seniority	Name of the Officer	Gender	Last Relief from Customs	Date of Relieving from Customs
1	R	-	111	X	M	CH	May, 2013
2	B	-	112	Y	M	CCP	July, 2014
3	K	-	113	Z	M	SG	Oct, 2014

It is, therefore, clear that if Mr. X has not completed the required tenure of minimum 04 years from his last date of relieving from Customs so as to be considered for Customs posting in AGT-2016, the question of next officer i.e. Mr. Y or Mr. Z having completed more than 04 years from their last date of relieving from Customs does not arise at all and therefore, the Office Order which says that “However, with the condition that the officer who has not completed 04 years gap between his earlier posting in Customs would not be considered for Customs posting again in the category of longest gap and the next officer in the list would be considered…” appears to be ambiguous to this extent. In other words, if Mr. X is not eligible for re-posting in Customs on this account then, as a logical corollary Mr. Y or Mr. Z or any officer next to Mr. X will automatically become ineligible for re-posting in Customs in the category of “Longest Gap”.

It is, therefore, earnestly requested to issue necessary corrigendum of Office Order dated 29.03.2016 to bring clarity in understanding as well as implementation of the Transfer/Placement/Deputation Policy for Customs dated 10.06.2011.

Thanking you in anticipation sir,

Yours faithfully,

-Sd/- 

(Rananjay Pratap Singh)

Copy submitted to:

(1)  The Chief Commissioner, Central Excise: Ahmedabad Zone, Ahmedabad for favour of kind information please.

(2)  The Principal Commissioner / Commissioner, Customs, Ahmedabad / Jamnagar for favour of kind information please.

(3)  The Principal Commissioner / Commissioner, Customs, Mundra / Kandla for favour of kind information please.

(4)  The Principal Commissioner / Commissioner, Central Excise, Rajkot / Bhavnagar / Kutch / Audit-III Commissionerate for favour of kind information please.

(5)  Notice Board.

Yours faithfully,

-Sd/- 

(Rananjay Pratap Singh)

Comments Regarding Amendment in Customs Transfer Policy Dated 10.06.2011: Reg.

  F. No. AICEIA/RJT/1/2008                                                                                Date: 13.03.2016

To,

The Chief Commissioner,

Customs: Gujarat Zone,

Custom House,

Ahmedabad-380 015.

Sir,

Sub: Points in Relation to Customs Policy Dated 10.06.11: Reg.

Please refer to the subject mentioned herein above.

In this regard, this Association submits that the provisions of the existing Customs Transfer Policy dated 10.06.11are well defined and the same have been adhered in their letter & spirit as well by the administration.

 However, it is learnt that various Associations have proposed the option of willingness to be introduced from AGT-2016 onwards. In this relation, this Association submits that if at all, the option of willingness is to be introduced in the Customs Policy, due care should be taken to make the process transparent and parity should be maintained in the entire Customs Zone.

          Thanking you sir,

Yours faithfully,

-Sd/- 

(Rananjay Pratap Singh)

Mail in Response to the Representation of Some Officers of Bhavnagar Commissionerate: Reg.

Dear Comrades,

It gives me immense pleasure to share that the Comrades of Bhavnagar Commissionerate are so enthusiastic about the Central Excise Transfer/Rotation Policy-2015 dated 08.05.2015 framed for Central Excise, Ahmedabad Zone and the recent amendment dated 02.03.2016 in the same and I extend my warm greetings to you for taking pain in drafting such a wonderful & emotional letter.

All of you have charged the General Secretary of AICEIA (Rajkot Branch) for not taking into consideration the sentiments of members at Bhavnagar Commissionerate while submitting the letter dated 17.02.2016 to the Chief Commissioner, Central Excise, Ahmedabad Zone, Ahmedabad. You have also reminded him about the vast jurisdiction of Bhavnagar Commissionerate and the hardships which are faced by the officers of Bhavnagar Commissionerate. The issue which seems to have perturbed you the most is the Clause 9 in the Central Excise Transfer/Rotation Policy-2015 dated 08.05.2015 which pertains to 06 years tenure in a particular Commissionerate and which was fixed as 07 years for AGT-2015 on one time basis by the competent authority.

Comrades, it is known to all that the undersigned has himself served at Bhavnagar Commissionerate for 02 years and while posted at Audit Section for around a year, the undersigned has travelled  a lot from the length and breadth of Bhavnagar Commissionerate, so, it is needless to remind him about the jurisdiction of Bhavnagar Commissionerate.

Comrades, you have charged the undersigned for not taking into consideration the sentiments of members at Bhavnagar Commissionerate, but you failed to remember the General Body Meeting of AICEIA (Rajkot Branch) convened on 16.05.2015 wherein the Central Excise Transfer/Rotation Policy-2015 dated 08.05.2015 was appreciated by all the members present over there unanimously and without a single word of dissent. After the said GBM, the undersigned prepared a draft of the Minutes of GBM and circulated it over the Official Blog of AICEIA (Rajkot Branch) on 18.05.2015. When the undersigned did not receive any suggestion for amendment in the said draft regarding the GBM dated 16.05.2015, it was treated as finalized by all and then only, it was submitted to the administration. Nearly after passage of 15 days, the undersigned shared "Cardinal Points for AGT-2015 for Guidance of Officers in the Grade of Inspectors" on 01.06.2015 on the same Official Blog of AICEIA (Rajkot Branch). No such representation or Resolution was moved by any member at Bhavnagar Commissionerate regarding Central Excise Transfer/Rotation Policy-2015 dated 08.05.2015 at that point of time. This time no new significant changes pertaining to Clause 9 of the Central Excise Transfer/Rotation Policy-2015 dated 08.05.2015 have been made by the administration in its letter dated 02.03.2016 and so, the voices of dissent seem to be manufactured. 

Comrades, a plea against Clause 9 of Central Excise Transfer/Rotation Policy-2015 dated 08.05.2015 has been taken by you which is based upon the hardship on transfer for one year or so, but, let's remember that this year the hardship may be faced by you but, next year, the same hardship will be faced by some other Comrade and the process is eternal. Going by the logic, no transfer should be effected by the administration and the Association should do all out efforts to negate transfers. As wise & prudent officers, do you think the demand is just & may be acceptable to the administration? Comrades, lets not think about the individuals but, lets try our best to bring parity, efficiency and transparency in the administration and lets not forget that as Executive Officers, we are part of administration.

So far as the resolution dated 27.02.2016 is concerned, let me remind you that many officers have put their signatures and it is next to impossible to identify our members amongst them. Moreover, there are repeated signatures like that of Md. Manir on Sr. No. 05 as well as Sr. No. 46. as well as signature of officers presently not serving at Bhavnagar Commissionerate. It is unfortunate that such type of incidences occur and which give the administration a chance to comment upon. 

Hope the undersigned has responded to your representations/resolution in a fair manner.

With best wishes,

Fraternally yours,

-Sd/-

Rananjay Pratap Singh,

General Secretary,