All India Association of Central Excise Gazetted Executive Officers, Karnataka Unit.
Annexure II to letter ref. no.2/2009 dtd.15-1-2009
Proposed transfer policy for Annual General Transfers in the grade of Superintendent of Central Excises working in the combined commissionerates of KarnatakaNew sl.no. / Sl. No. Tfr.G’lines 07 / The newly proposed policy descriptions
1 / 1 / The annual transfer policy is applicable to all the Superintendents working in the Commissionerates of Central Excise, Customs, Service Tax and LTU/SEZ’s located in Karnataka.
2 / 3 / Transfers will be made to the extent of requests for transfer is received for a particular station. But in no case transfer of an officer who has not completed four years in Bangalore will be considered except under request. The transfers will be need based and not on routine basis. Transfers will be on the basis of station seniority of the officer.
3 / - / The transfer policy will be in force for five years from 2009-10. The amendments/changes to the policy will be considered only in the cases of major changes in structure of field formations.
4 / - / The tenure of the station will be counted as on 31st May of the year under consideration.
5 / 2 / The annual transfer orders shall be issued preferably before 31st March but not later than 15th April of the year.
6. / 6(b) / Tenure: The station tenure will be computed as the period of continuous stay in a station in the Combined Executive Cadre.
7. / - / Calling for Willingness: The administration will notify the list of officers who have completed their tenure as per the policy at Bangalore station (including the names of the officers who are retained at Bangalore in various commissionerates/LTU and also in Bangalore Customs) alongwith calling for willingness. The administration will call for option from the officers for transfer during January every year. The officer can opt for his choice of three stations for transfer and posting. On exercising option, the administration will consider the options with reference to history of postings of the officer concerned and grounds for request furnished in the transfer willingness, and consider the request in the order of choice.
8. / - / Relief of Officers transferred: The officers transferred should be relieved on or before 30th April of the respective year in which transfer is ordered or the due date fixed by the administration whichever is earlier.
9.(i) / 4 / The officers transferred to an outstation from Bangalore can seek transfer back to Bangalore on completion of ONE year tenure at the new station subject to fulfilling following conditions:
i. to avail this facility, the officer transferred to an outstation should report to duty at the new station on or before 31st May of the respective year including the joining time availed if eligible. The officer should be relieved on or before the due date fixed by the administration;
ii. The officer shall not avail more than 15days Earned Leave/Commuted Leave put together during his stay in outstation to make themselves eligible for transfer under One year category eventhough they are entitled for leave as per Leave Rules;
iii. The officer shall forgo transfer TA/DA for posting back to station of request. However officer is eligible for One time transfer TA/DA on transfer, while posting outside Bangalore.
9.(ii) / The requests for transfers from officers who have not fulfilled the above conditions will be considered in the normal course on completion of minimum of two years tenure outside Bangalore.
10 / 5 / On promotion, the officers will be posted to stations where vacancies are available. The tenure at a station will be calculated by computing the continuous stay in the station in the combined executive cadre.
11 / 7 / An officer posted to Bangalore Customs Commissionerate and working there at the time of AGT, if he/she has not completed a tenure of 4 years in Customs will not be considered for transfer even if they have completed the Bangalore Station tenure. On completion of Customs tenure, they are liable for transfer to an outstation if their total Bangalore station tenure(including Customs tenure of four years) exceeds the normal tenure at Bangalore.
12 / 8 / Officers who are eligible for posting to Bangalore Customs on seniority and also liable for transfer to Outside Bangalore in normal course shall be posted to outside Bangalore first and on completion of tenure outside will be considered for Bangalore Customs if the said officer is willing to work in Bangalore Customs. The officers who are due for transfer outside Bangalore and retained at Bangalore on any ground earlier, and also found eligible for Customs, Bangalore will be posted outside Bangalore first. On completion of outside tenure, the said officer will be posted to Bangalore Customs.
13 / 9 / Officers on completion of minimum tenure of one year outside Bangalore station have the option to continue in the present station for more than one year and seek their transfer back to Bangalore/place of choice, later. The administration will consider such requests and on taking into account their outside Bangalore stay, will transfer him /her to Bangalore station.
14 / 10A / Regarding posting to LTU, the policy proposals made earlier by the association may please be incorporated and implemented. (Copy Enclosed)
15 / - / Regarding posting to SEZ, the policy proposals made earlier by the association may please be incorporated and implemented. (Copy enclosed)
16 / 10B / Davangere, Harihar, Ranebennur and Chitradurga stations under the jurisdiction of Davangere Division(Bangalore II Commte.) shall be treated as one station. These stations are not included within Bangalore station
17 / 10C / Transfers and postings to Tumkur, Kolar and Doddaballapur will be considered as postings at Bangalore Station
18 / 10D / On repatriation from the offices of the DRI/DGCEI/Dir. Of Audit, located in Bangalore, the tenure at these offices shall be added for counting the station seniority of the officers at Bangalore
19 / 10E / On repatriation from the offices of the JCDR,CESTAT, NACEN at Bangalore shall be excluded while counting the station seniority of officers at Bangalore. However, the period will be counted for the station seniority at the option of the officer concerned
20 / 11 / Rotation between Mangalore Central Excise and Customs: Transfer and posting of officers between Mangalore Central Excise Commissionerate and Mangalore Customs Commissionerate shall be on completion of 4 (four) years as on 31st May of the concerned year of transfer as per the seniority in Central Excise Mangalore Commte. Requests from officers from other commissionerates for posting to Mangalore Customs would also be considered on priority. The officers shall be transferred to Mangalore Central Excise on completion of 4 years tenure in M’lore Customs without extending it further. For four years in Customs, Mangalore, the total service rendered in both the executive cadres continuously shall be counted.
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15 / Postings to Bangalore Customs:
i. Transfers and Postings to Bangalore Customs will be for tenure of 4(four) years. Requests for transfer to come out of Customs before completion of four years from an officer will be considered. However, no extensions shall be granted beyond four years tenure;
ii. Posting to Bangalore Customs will be on the basis of officer’s seniority in the grade of Superintedent , his willingness and vigilance clearance;
iii. In respect of officers stationed at Bangalore and found eligible on seniority for posting to Customs, Bangalore but not willing to work in Customs, Bangalore or refuses to report at Bangalore Customs, such officer should not be considered for Bangalore Customs till he completes his outside Bangalore Tenure or four years whichever is earlier;
iv. Posting to Mangalore Customs will not be a bar to posting in Bangalore Customs.
v. Officers who are working/ had worked in following formations will not be considered for postings to Bangalore Customs till completion of cooling off period of two years.
a. DRI / DGCEI
b. Export Processing Zones
c. International Airports.
22 / No out of turn postings to Customs, Bangalore shall be made on any grounds.
23 (i) / 17 / Superintendents even after completion of twenty years or more in executive cadre, not got an opportunity to work in Customs, Bangalore, and not eligible for posting to customs on seniority should be considered on priority over others and posted to Bangalore Customs.
23(ii) / 18 / The tenure of officers coming from outside the Bangalore Station to serve in Bangalore Customs would be for 4 years. At the time of giving their willingness for a posting to Bangalore Customs, they should specify whether they wish to go back on completion of the 4 years or be transferred out on the basis of the Bangalore station seniority in their turn.
24. / 19 / Retentions / Requests for transfer:
Requests for retention at Bangalore received from the officers who are otherwise liable for transfer or requests for transfer to Bangalore before completion of minimum tenure outside should be considered on following grounds:
i. Medical grounds: Representation on medical grounds in respect of self/spouse and dependant children for critical illnesses may be considered on production of necessary medical certificates and other documents. The process of evaluation for determining the deserving cases should be done in transparent manner. A copy of the representation for retention on medical ground shall be kept in the Service Book of the officer for record whenever retention/transfer is allowed on medical grounds.
ii. Education (when one year tenure for transfer is implemented): Requests from officers whose children are studying in class X or Class XII in the academic year in which such officer is liable to be transferred, may be considered for transfer/retention on production of school certificate upto children defined as per family norms. If request is considered a remark may be kept in the service book and copy of the representation may be filed in the Service Book.
iii. Husband & wife at the same station: Requests from officers for retention or posting under “DOPT guidelines for posting of husband and wife at the same station” may be considered in the interest of family welfare. Also if both the spouses are working in the same dept., an option may be given to them for posting to same station when one spouse is liable for transfer out of Bangalore;
iv. Sports persons: Requests from only active sports persons duly certified by the Sports Officer regarding the performance of the sports person in the two years immediately preceding to the year of request, may be considered. During the period of retention, such officers should not be posted to executive/sensitive posts and considered for deputations as the same would adversely effect their practice/participation in various tournaments;
v. Retirement: Requests from officers having less than two year of service for retirement should be considered for posting to station or nearby station where the officer intends to settle after retirement;
vi. Any transfers/retentions on administrative grounds shall be at the minimum with specific reasons to be recorded by the cadre controlling Chief Commissioner.
No other requests for retention from officers who are liable for transfer should be considered.
The officers retained/transferred on above grounds should not be posted to executive/sensitive posts during the period of retention.
When transfers are ordered considering the request of the officers for a particular station or transfer back to Bangalore, the representation of the said officer should be forwarded to the jurisdictional Chief Commissioner/Commissioner who will consider further posting as per the request of the officer originally made at the time of transfer. If for any reason posting to such station is not considered by the jurisdictional Chief Commissioner/Commissioner then the officer under orders of transfer on request will have an option to seek retention at the same station or request transfer to different station.
The Annual Transfer Orders will contain the ground on which retention/transfer of the officer is considered against the name of the officer if transfer/retention is ordered based on grounds under this para.
25 / - / Transfer between Commissionerates at Bangalore:
The local transfers and rotation between the Commissionerates should be done after completion of four years in a particular Commissionerate.
26 / Transfer and rotation between executive/sensitive and non-executive/ sensitive:
As per the circular no.1/2000 dated 10-5-2000 issued by the DG(Vig.), New Delhi, the sensitive charges are required to be identified with reference to Group.B .
The following posts may be considered as executive/sensitive charge:
In Central Excise (for Two years tenure)
1. All Central Excise Ranges
2. Preventive/ Anti-evasion Sections
3. Internal Audit Party
4. Tax Recovery Cell attached to the Preventive/Anti-evasion Sections
5. Any other section entrusted with Preventive/Anti-evasion or work having contact with assessees(public).
In Service Tax Commissionerate(Two years tenure):
1. Preventive /Anti-evasion Sections
2. Internal Audit Party
3. Tax Recovery Cell
4. PRO (Registration & receipt of Returns)
5. Special Cell or any other section entrusted with Preventive /Anti-evasion or work having contact with assessees(public).
Officer on completion of two years tenure continuously in the executive/sensitive posts should be transferred and posted to non-sensitive/non-executive charge without any exception. Also officers coming from deputations having sensitive nature will be posted to non-sensitive charge for two years as a cooling off period.
27 / At the time of AGT itself, the officer should exercise their willingness to international airport/DRI/DGCEI /SEZ/EPZ ETC., for preparation of the panel and all postings in case of vacancies arise till next AGT will be made from the list compiled during AGT.
28 / The officer who has been retained once should not be considered again in the subsequent transfers on same or any other ground without substantiating the same.
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