AGT orders dated 28.07.2011 issued by CCO, C.Ex., Ahmedabad

AGT - 2011 Orders dated 28.07.2011 issued by CCO, C.Ex., Ahmedabad Zone :



-> View order - Inspector Estt. Order No. 45/2011


-> View order - Superintendent Estt. Order No. 44/2011

Suggestions submitted by National Federation on new Draft Transfer / Rotation policy

Suggestion submitted to the DG (HRD), CBEC, New Delhi by National Federation regarding new Draft transfer / placement policy vide letter dated 27.07.2011.

CCP Jamnagar - Inspectors' Order

Customs (Prev.) Jamnagar - Inspectors' AGT Order dated 27.07.2011

- View Page - 1

- View Page -2

Comments on new proposed transfer policy for Group 'B' officers.

Views / comments received from members of the Association :

To formulate a new transfer policy with the objective aim to provide transparency & clarity to promote integrity, efficiency and performance of the officers.

This is very good thing if department really wants to do so but, on going through the draft of proposed policy, it looks like a miracle. In the proposed policy, Chief Commissioner and Commissioners’ are given vast discretion powers. In guise of administration they will be able to post an officer from one sensitive charge to another sensitive charge, as also going on presently viz..

(i) Many such instances are noticed wherein certain officers continuously allowed to work in sensitive charge. On paper they are rotated from sensitive charge to non sensitive charge from time to time but in the guise of administration they are allowed to hold additional charge of some other sensitive charge by making order on the note sheet of a file. Such charge/posting did not reflect anywhere in the establishment record or history of posting of the officer. By this way certain officers get back door entry and continuously enjoying sensitive charge. Everybody knows that such types of postings are given only to those officers, who are close & submissive to the higher-ups irrespective of their work performance towards department.

(ii) Practically it is not feasible for the Chief Commissioner or Commissioner to monitor of each and every officer, directly. They get feedback from the AC/DC/JC or from his ACR grading. Everybody knows that generally excellent and outstanding gradings are given to those officers, who are close and submissive to the higher-ups.

In absence of strict transfer / rotation policy, transfer and fairness may not be expected from the administration. You are therefore requested to make strong representation / submissions before the CBEC on behalf of our association to frame strict rotation/ transfer posting policy by leaving minimum discretion with the Chief Commissioner and Commissioners’ in rotation/ transfer posting policy of Group “B” officers for better and efficient performance of all the officers. To ensure transparency, all rotation/ transfer posting orders and HOP of the officer should invariably be placed on the website of the concerned office.

Postings in Vigilance Branches should not be considered sensitive, since there is no public dealing involved, and no discretionary responsibilities are entrusted with them in such postings.

Views / comments regarding new Customs Policy in Gujarat

Views / comments received from members of the Association :

With respect to the change of Customs policy in Gujarat I would also like to write few lines with a request to draw kind attention of the CBEC:

The Chief Commissioner has totally changed the transfer posting policy of Customs in Gujarat. As per new policy, totally inexperienced officers have been posted in customs. Newly recruited Inspectors, who have joined department in 2011 and did not have any experience of the department, but been posted at Custom House, Kandla/Mundra. Rest of
the officers are those officers, who have never worked in customs or worked in customs in past but have longest gap.

Posting of junior most and never worked in Customs at Major Port, Kandla and Mundara is illogical and irrational so far as such place of posting are not at all a place for novice or a training centre. Only well experienced officers should be posted at such places to have check on evasion of duty or mis-declaration of goods etc. The posting on seniority basis (holding Customs experience officers should be allotted only higher ratio) and also on willingness basis would prove more effective tool to curtail any such unscrupulous activities. Junior most officers should be trained and be appraised with the Customs work at Headquarters level, Division level and minor Customs Ports before considering their posting directly to major Customs Houses. The posting like major Customs Houses, ICDs, DGCEI, DRI, Anti-evasion etc. warrants experience holder officers to justify the core function of the department. The policy framed for Customs, in this way, would prove to be ineffective illogical and absurd to curtail any unscrupulous activities or evasion of duty.

In every organization or private sector, it is seen that preference is given to the experienced person and accordingly to his/her experience important work is assigned to them, posting and promotion are offered on the basis of their experience only. Merits counts for them, but here in this new policy framed by the Chief Commissioner, experience have no value and experience holders have been deprived from Customs postings. Preference is being given to the inexperienced officers. Experienced officers who had worked in Customs would be deprived from Customs Posting for a long time and they may not get chance to work again in Customs. Recently many smuggling / duty evasion cases have been booked at Kandla, Mundra & Pipavav Port though, as per new policy, inexperienced officers have been posted at theses ports. Purpose behind posting of inexperience officers at major ports is out of understanding.

The new policy framed would create only dissatisfaction amongst officers, disturbing their family life too. The earlier policy was a balanced policy giving officers the equal opportunity to work efficiently in Department and simultaneously look after the welfare of their family, which too, is the part of their duty. The administration should have consideration for family life too, to improve the performance of the officers. A disturbed man cannot perform good deeds up to the mark. So the administration should reconsider certain points and should make the systems of our department strong instead of opting option to post a novice directly to Customs, that to major ports, Customs Houses. To deprive the experience holders from posting of Customs for a long time would also make them inexperience and their experience all in vain. Therefore, permanent willing Customs staff will be a better option to improve the work efficiency.

These are merely the feelings and suggestions without any prejudice and in the interest of department and welfare of Staff. You are requested to please take-up the matter and draw kind attention of the Board in the matter and make a representation in this regard please.

Draft Revised Transfer/ Placement Guidelines by DG, HRD.

Draft Revised Transfer/ Placement Guidelines for Group ‘B’ Gazetted and Non-Gazetted Executive Officers (posted to Central Excise & Service Tax formations) circulated by DG, HRD.

- View Draft Revised Transfer/ Placement Guidelines

All the members of the Association are requested to offer their views / comments / suggestions on the above draft Transfer / Placement guidelines at the earliest so it can be brought to the notice of higher authorities.

Repatriation orders dated 13.07.2011

Orders of Inspectors & Superintendents repatriating from Customs to Central Excise :


- View Inspectors order dated 13.07.2011

- View Superintendents order dated 13.07.2011

Letter to the Commissioner, Customs (Prev.), Jamnagar

F.No. AICEIA/RJT/1/2008
Date: 30.06.2011

To,
The Commissioner
Customs Preventive,
Jamnagar.

Sir,

Sub: Forwarding of representation submitted by the officers of Customs (Prev), Jamnagar.

With reference to the subject matter, the situation prevailing at Customs Commissionerate Preventive, Jamnagar has compelled this association to make this representation for your kind consideration.

It has been brought to the notice of the association that the representations/ request transfer applications submitted by the officers of Custom(Prev),Jamnagar are not being forwarded to the Chief Commissioner, Central Excise Zone, Ahmedabad. Earlier some representations were forwarded to Commissioner, Central Excise, Rajkot, however same are not forwarded to Chief Commissioner, Central Excise Zone, Ahmedabad.

It is humbly requested, that all the representations/ request transfer applications submitted by the officers may please be forwarded to the Chief Commissioner, Central Excise, Ahmedabad Zone, Ahmedabad .

Thanking you in anticipation,

Yours faithfully,

(Dilip J. Pandya)
Secretary

Copy of orders issued

Copy of orders issued :

--> View Inspector to Superintendent promotion order dated 30.06.2011

--> View Inspectors' AGT (Customs) dated 29.06.2011

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.