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)