To,
The
Deputy Commissioner (CCO),
Central
Excise: Ahmadabad Zone,
7th
Floor, Central Excise Bhawan,
Near
Polytechnic, Ambawadi,
Ahmedabad-380
015.
Sir,
Sub: Guidelines
or Transfer/Rotation/Posting Policy 2015-Central Excise Zone dated 08.05.2015,
as Amended: Reg.
Please
refer to your office letter dated 10.08.2016 and Reminder-I dated 06.09.2016
regarding the subject mentioned herein above.
In
this regard, it is to intimate that as expressed earlier vide this
Association’s letter dated 17.02.2016, this Association is of the considered
view that implementation should be given preference over formulation of new
Transfer/Posting/Deputation Policy.
Moreover,
a new tax system i.e. Goods & Services Tax (GST) is expected to be
implemented by the coming Financial Year i.e. 2017-18 and the Department may
witness tremendous change in terms of Policy, Techniques and Administration
i.e. HR. As such, a necessity shall arise for formulation of new Transfer
Policy to augment the changes so made and therefore, this Association expresses
its view to postpone any exercise regarding amendment in existing Transfer/Posting/Deputation
Policy at least till official publication of Cadre Management by the GST
Council.
However,
if the administration, in public interest and for administrative exigencies,
finds it necessary to bring out changes in existing Transfer/Posting/Deputation
Policy just before the introduction of GST, this Association submits its
parawise suggestions/comments which are as follows:
(i)
Para 1(c) : The criteria as made
applicable for Ahmedabad/Rajkot Sector may also be applied for rotation amongst
Rajkot/Kutch/Bhavnagar because all the three Commissionerates, unlike
Commissionerates of Ahmedabad Sector, are distantly located;
(ii)
Para 2(a): Association is of the
considered view that CCO& CESTAT should not have been declared part of
Ahmedabad Sector and that these 02 offices may be made neutral to both the Sectors i.e.
Ahmadabad & Rajkot;
(iii)
Para 3(e): This para has not been
followed in its letter & spirit in the last 02 AGT’s of Rajkot Sector and
that, this para, to minimise displacement of officers of Rajkot Sector, may be
made obsolete henceforth;
(iv)
Para 3(f): The para, “As far as possible,
willing officers of Rajkot Sector may be considered for posting to CCO/CESTAT
on merits” inserted vide Amendment dated 02.03.2016 may be made more liberal in
the interests of the officers of Rajkot Sector and that officers hailing from
both the Sectors may be equally deputed to these 02 formations;
(v)
Para 4(b): The amendment brought on
28.07.2016 may be made obsolete and that the authority to issue
Transfer/Posting Orders within Rajkot Sector may be given to the Principal Commissioner,
Central Excise, Rajkot;
(vi)
Para 4(d): The criteria as made
applicable for Ahmedabad/Rajkot Sector may also be applied for rotation amongst
Rajkot/Kutch/Bhavnagar because all the three Commissionerates, unlike
Commissionerates of Ahmedabad Sector, are distantly locatedand therefore officers
earlier posted to Kutch/Bhavnagar may not be posted again, so, the word “Other
Sector” may be replaced by Kutch/Bhavnagar;
(vii)
Para 4(e): The criteria as made
applicable for Ahmedabad/Rajkot Sector may also be applied for rotation amongst
Rajkot/Kutch/Bhavnagar because all the three Commissionerates, unlike
Commissionerates of Ahmedabad Sector, are distantly located and the officers
posted to other Commissionerates may be brought back to their parent
Commissionerate, if the officers are so willing;
(viii)
Para 4(f): The amendment brought on
02.03.2016 may be made obsolete and that officers of Ahmedabad Sector may fill
the vacancies at Kutch/Bhavnagar first;
(ix)
Para5(b) should be preceded by Para 5(a)
as consideration wise, officers falling under Para 5(b) are the first and so,
instead of deletion of names of officers of Para 5(b) from Para 5(a), firstly,
list of officers falling under Para 5(b) may be prepared;
(x)
Para 6(ii): This para is contrary to
Para 18 and so, necessary action may be taken to bring uniformity in these 02
paras. Further, no such list regarding both Sensitive & Non-Sensitive has ever
been prepared by the administration and if prepared, then not circulated. As
such, it is requested to take necessary action for preparation and circulation
of the list;
(xi)
Para 6(iv) & (vi): No such pool has
ever been made and if made, not circulated by the administration. As such, it
is requested to take necessary action for preparation and circulation of the
list of pool of officers;
(xii)
Para 8: The expression “After the
posting of officers to Rajkot Sector” gives an impression that the Transfer/Rotation/Posting
Policy has been made by the officers of Ahmedabad Sector and for the officers
of Ahmedabad Sector only. As such; necessary action may be taken to do away
with this anomaly;
(xiii)
Para 9 (b): No willingness has ever been
called for from the officers of Rajkot Sector. As such, it is requested to
obtain willingness of officers before posting them to other Commissionerates of
Rajkot Sector;
(xiv)
Para 9(e): It seems that discrimination has
been made between “Newly Promoted” & “Newly Recruited”. As such, necessary
action may be taken to do away with the discrimination;
(xv)
Para 9 (f): The para has been deleted by
an amendment dated 02.03.2016 and it should be re-inserted to ensure minimum
displacement of officers of Rajkot Sector. When an officer of Ahmedabad Sector
becomes liable to be posted to Rajkot Sector, it is prudent to post him/her to
fill-up the deficiency first and this may be understood by an illustration. If an
officer of Ahmedabad Sector is posted at Rajkot and another officer from Rajkot
is transferred to Kutch/Bhavnagar then, 02 officers are displaced and
accordingly, disbursement in the nature of TTA is to be given to 2 officers.
Whereas, if the officer of Ahmedabad Sector liable to be posted to Rajkot
Sector is directly posted to fill up the deficiency at Kutch/Bhavnagar, then,
disbursement in the nature of TTA is to be given to only 01 officer. As such,
necessary action may be initiated not only to minimise displacement of officers
of Rajkot Sector but, also to restrict undue extravagance of Govt. Expenditure;
(xvi)
Para 10: It has been noticed that some
Commissionerates have not forwarded the willingness of officers for
rotation/deputation to prestigious Agencies like DGCEI, DRI etc. It is
therefore requested to bring some mechanism for forwarding willingness to these
specialized Agencies working hard to detect evasion and safeguard Govt. Revenue;
(xvii)
Para 12:
The para “Inter Commissionerate Transfer ....” gives an impression that
the Transfer/Rotation/Posting Policy has been made by the officers of Ahmedabad
Sector and for the officers of Ahmedabad Sector and is discriminatory towards
the officers of Rajkot Sector. Either flow from Ahmedabad Sector to Rajkot Sector
and vice-versa should be totally stopped or smooth flow from Ahmedabad Sector to
Rajkot Sector and vice-versa should be ensured. As such, necessary action may
be taken to ensure justice to the officers of Rajkot Sector;
(xviii)
Para 14: This para seems to be
purposeless as Lady Officers, in total contravention of Article 14 & 16 of
the Constitution of India, are being granted exemptions in bulk on yearly
basis. As such, it is requested to make this para obsolete;
(xix)
Para 15 : The expression “Integrity and efficiency
would be the main criteria for posting of officers to Sensitive Posts” seems good
but, the competent authority and the criteria for deciding “Integrity &
Efficiency” have not been divulged. As such, it is requested to bring the necessary
amendment to make the para more meaningful and relevant;
(xx)
Para 16: Another line, “No sensitive
charge should be given to retained officers on medical grounds” may be added;
(xxi)
Par 17 : The criteria as made applicable
for Ahmedabad/Rajkot Sector may also be applied for rotation amongst Rajkot/Kutch/Bhavnagar
because all the three Commissionerates, unlike Commissionerates of Ahmedabad
Sector, are distantly located;
(xxii)
Para 20: There is so much confusion regarding
date, whether it should be AGT to AGT, 31st May or on actual basis
in case of 02 years. The word “Two Years” should mean 02 years from AGT to AGT
or it should mean 24 months or it should mean 02 years simply. Different paras
in the Transfer Policy give a different meaning e.g. as per Para 5(c), 9 and 20
are not in consonance with each other;
(xxiii)
Para 21: Advance list is prepared in case of
Customs only. No such list is prepared in other cases for Rajkot Sector. As
such, it is requested to publish Due Lists of officers of Rajkot Sector who are
due for outstation postings like Bhavnagar & Kutch as also for Audit-III
Commissionerate; and,
(xxiv)
Apart from the above, no Policy provides
any mechanism for posting of officers repatriated from their Customs &
Audit tenure and as such, much ambiguity exists in case of these officers. It
is, therefore, requested that a mechanism may be brought out to do away the
ambiguity in case of repatriated officers of Customs & Audit.
This
is for favour of kind information and necessary action at your end please.
Yours faithfully,
-Sd/-
(Rananjay Pratap Singh)
General Secretary
Note: Members are requested to go through the above draft and submit their suggestions latest by 26.09.2016. The suggestions may be provided through mail at aiceiarajkot@yahoo.com.
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