F.No. Ref.
No. AIACEGEO/Deptt.Comm./01/2020/01 Dated
: 16.03.2020
To
The Chief
Commissioner (CCA),
CGST and Central Excise,
Vadodara
Zone.
Respected
Sir,
Subject : Inviting suggestions for Amendments
in Transfer/Placement/Deputation policy for Officers in the cadre of
Superintendents/Inspectors of Vadodara Zone
– reg.
We
thankfully acknowledge receipt of your letter issued under F.No.
II/03-10/CCO/2019 dated 03.03.2020 vide which suggestions have been sought on
the Transfer/ Posting/ Rotation Policy for Group ‘B Executive Officers of
Vadodara Zone. The proposal for certain amendments have been proposed by CCO in
the above said policy.
2. In this connection, it is submitted that while we submit our
following comments after deliberations and discussions on the same among our
member officers, we also propose certain other amendments with a view to bring more
transparency and staff welfare without affecting ease of administration &
AGT procedure. Further, while our department is entering into an era of
faceless and paperless work-system, it would be desirous and result-oriented
step to ensure minimum displacements and would also be economic to the
exchequer as it would cut the burden of payment of transfer allowances
unnecessarily.
Our Suggestions on Amendments proposed
by the CCO :
(a)
Para
3 (iv), (v), (vi), (vii), (viii) & (ix) : Amendments proposed by CCO are accepted.
(b)
Para
5 (viii) :
Amendments proposed by CCO are accepted.
However Para
5 (vii) and Para 5 (viii) may be merged and replaced with the following :
“Officers
repatriating from any formation outside CGST Cadre i.e. Customs/SEZ/
DGGI/DRI/ED/Any other directorate/office etc. whether on rotation or loan or
deputation basis shall not be posted to Audit Commissionerate for at least one
year. However the period of one year shall be counted from AGT to AGT
orotherwise more than nine months period may be considered as one year.”
(c) Para 7 (v) : The changes suggested are against transparency in the department as it
would result into bringing undue influence for staying in the CCO for a period
longer than 3 years. It would affect the policy making decisions and would go
against the staff welfare. Further, if posting in CCO is not counted as posting
in Vadodara cluster, those transferred to CCO from Surat Sector on seniority
basis (in case sufficient willingness is not received) will serve outside
Sector but their tenure outside Sector shall not be counted.
Therefore, proposed amendments in Para
7(v) appears against the principles of equality, fair play as appears prejudice
to interests of Surat Sector officers in comparison to other Sector officers as
being posted to CCO will not be counted towards out Sector posting.
Therefore, Para 7(v) may not be amended
as proposed.
(d)
Para
17 : Amendments
proposed by CCO are accepted.
However,
those promoted mid-term i.e. before AGT may be allowed to work in-situ
till next AGT to avoid mid-term disturbances. Further, to the extent possible
promoted officers may be accommodated in the same station to complete their
station tenure counted together as Inspector and Superintendent.
Now we submit our following
suggestions for kind consideration and implementation please :
Para 2. :
In Para 2(a) the following to be
added :
“This
Sector is comprising of the following stations for the purpose of transfer/
Posting/Rotation – (i) Main station – Vadodara (ii) Outstation – Anand, Nadiad,
Halol, Bharuch and Ankleshwar”
In Para 2(b) the following to be
added :
“This
Sector is comprising of the following stations for the purpose of transfer/
Posting/Rotation –
(i) (a) Main station – Surat for
CGST Surat and CGST Surat-Audit; (b)
Main Station – Vapi/Daman for Daman Commissionerate
(ii) Outstation – Navsari,
Valsad, Vapi, Umbergaon for Surat CGST; Vapi for Surat-Audit and Silvassa for
Daman Commissionerate”
After Para 2(a) and 2 (b) the
following to be added :
“Willingness shall be called for
postings to the outstations and will be positively considered to the extent
possible on seniority basis. The vacancies left unfilled even after considering
the willingness cases, the same will be filled from the senior most officers at
the station. Senior most officer means officers who have longest continuous
tenure at main station.
Further,
those officer who have been posted at the outstation without their willingness
(as per rotation), should be repatriated to the main station in the next AGT on
the basis of their willingness and the next officer in line (as per longest
gap) should be transferred to the outstation as per rotation basis.
Further, if an officer is posted
outside Sector without willingness in Customs postings or posting to a
formation outside sector on promotion, period spent by him outside sector shall
be considered as Out of Sector posting.
Further, an officer if has served
in outstation postings in his tenure in the one sector, on inter-sector
transfer to another sector, shall be considered for posting at the main
station. ”
Para 3 :
Para 3 (xi) : To be replaced with
–
“After spending at least one year
of stay at other Sector, the officer may tender her/his willingness for
transfer back to her/his parent Sector, which will be allowed to the extent
possible on “First In First Out” basis. For this purpose one year period shall
be counted from AGT to AGT or a period of more than nine months shall be
counted as one year.”
Para 3 (xiii) – The following to
be replaced :
“On returning to the parent
Sector (only after spending at least one year in the other Sector), the period
of stay in the parent Sector shall start from Zero. If in any circumstances,
the Officer returns to her/his parent Sector before spending one year in the
other Sector, this condition shall not apply and in this situation she/he shall
be liable to be considered again for
Inter-Sector transfer in the next AGT. For this purpose, however, one
year period shall be counted from AGT to AGT or a period of more than nine
months shall be counted as one year. ”
Para 4 :
Para 4 (iii) : To be replaced
with the following :
“Percentage of working strength
of officers may be reduced to 25% from existing 50% for rotation from one
Commissionerate to other.”
Para 4 (v) : The following may be
added :
“Officers returning from
Customs formations on repatriation, in case they were transferred to Customs
from Audit Commissionerate shall be accommodated in a CGST Commissionerate of
the station where they served before transfer to Customs.”
Para 5:
Para 5 (v) : To be omitted as it
is inconsistent with Para 5(ii).
Para 8 :
Para 8 (iv) : The following to be
added :
“For this purpose a period of one
year shall be counted from AGT to AGT or otherwise more than nine months period
shall be counted as one year.”
Para 8 (v) - The following to be
added :
“Oficers repatriating from any
formation outside CGST Cadre i.e. SEZ/DGGI/DRI/ED/Any Other Directorate/OIffice
etc. whether on rotation or loan or deputation basis shall not be posted to
Customs for at least one year. However, the period of one year shall be counted
from AGT to AGT or otherwise more than nine months period shall be counted as
one year.”
Para 9 :
Para 9(ii) – The following shall
be added :
“Posting to SEZ shall be done on
the basis of willingness from among the senior-most officers who have never
worked in SEZ taking into account their records of services”.
Para 9 (iv) & (v) - The
following to be added :
“For this purpose a period of one
year shall be counted from AGT to AGT or otherwise more than nine months period
shall be counted as one year.”
Para 10 :
Para 10 (ii) to be replaced with
the following :
“The postings on rotational
transfer basis to DGGI, DGRI, DGoV, DGoA and DGTS will be made by the Chief Commissioner’s
Office in consultation with the concerned ADG on the basis of the willingness
from officers of CGST Vadodara Zone.”
Para 11 : The following to be added :
“Inter Zonal Transfers shall be
mainly made on the basis of the willingness of the officers.”
Para 13 :
Para 13 (i) (a) : Officers whose
wards are studying in X to XII standard (including XI standard) may be granted
exemption.
Para 13(i) (b) : The following
shall be added :
“Such application for
retention/transfer to a station near native place or station of his/her choice
made by an officer attaining 57 years age shall remain operative till their
retirement and they would not be required to be give an application every year
to the same effect.
Para 13(i) (e) : The following
shall be inserted :
“Lady officers shall be given a
place of posting on the basis of their willingness.”
Para 15 : In many cases where
preliminary inquiry initiated or vigilance proceedings contemplated, stipulated
time period is not adhered for completing the same. Accordingly, vigilance
proceedings and issuance of charge-sheet delays inordinately due to which
officers facing charges have no recourse to come back to his/her parent
Sector/Commissionerate. Therefore, this para either may be omitted or a time
period e.g. one year may be stipulated for transferring back him/her to parent
Commissionerate.
Para 19 : The following may be added in
this para :
“Once an officer has been
exonerated or where major/minor penalty other than
dismissal/removal/termination has been ordered and the penalty period is over,
the officer shall be considered for sensitive postings.”
Para 26 A : May be inserted with the following
:
“Station transfers shall be done
keeping in view availability of funds for TTA and all TTA claims shall be
preferably to be paid within three months of submission of claims by an eligible
Officer on transfer/rotation.”
Para 26B : May be inserted with the
following :
“The
process of transfer during AGT should be completed by 30th April of
every calendar year so as to facilitate the officers in admitting their wards
to schools on the commencement of academic year.”
It
is further requested that an opportunity to be heard in person may kindly be
granted to us before finalizing the Transfer/Posting/Rotation Policy.
Thanking you. With regards.
Yours faithfully,
M.S. Prabhat)
General Secretary
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