All India Association of Central Excise Gazetted Executive Officers, Karnataka Unit.

Annexure to letter ref. no. /2012 dtd. -2-2012

Proposals for Policy for Annual General Transfers in the grade of Superintendent of Central Excises working in the combined commissionerates of Karnataka
Point No. / Sl. No. Tfr.G’lines 09 / The proposed policy descriptions
1 / - / Calling for Willingness: The list of officers who have completed their tenure as per the policy at Bangalore station, being published by the administration may include the names of the officers who are retained at Bangalore earlier and working in various commissionerates/LTU and also in Bangalore Customs.
2 / - / Transfer & Relief of Officers transferred: The transfer orders may be issued before 31st March or by first week of April. The last date for relief of such officers shall be 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.
3 / 4 / During AGT 2011, there was a proposal from the association to consider inclusion of One year outside Bangalore tenure. If administration considers it now, it will help officers presently serving outside Bangalore to seek transfer back to Bangalore on completion of ONE year tenure at the new station subject to fulfilling following conditions:
  1. To consider under this clause, 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.
  1. The officer shall not avail more than the Earned Leave/Commuted Leave admissible during the year of stay in outstation to make themselves eligible for transfer under One year category eventhough they are entitled for leave as per Leave Rules;
  1. 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.
The requests for transfers from officers who have not fulfilled the above conditions may be considered in the normal course on completion of minimum of two years tenure outside Bangalore.
4 / 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 but completed the Bangalore Station tenure, shall be transferred to an outstation on completion of Customs tenure, if their total Bangalore station tenure(including Customs tenure of four years) exceeds the normal tenure at Bangalore.
5 / 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 Bangalore will be considered for Bangalore Customs if the said officer is willing to work in Bangalore Customs. The officers who are due for transfer to 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.
During discussions with the Admn in AGT 2011, it was assured that the said proposal will be considered from next AGT. Hence the same may be adapted this year considering no. of such officers in Customs which is exceeding morethan 60 aproxmately and resulting plight of other officers who are junior in station seniority @ Bangalore.
6 / 9 / Officers on completion of prescribed minimum tenure outside Bangalore station have the option to continue in the present station beyond minimum tenure and seek their transfer back to Bangalore/place of choice, later. The administration will consider such requests and on taking into account their total outside Bangalore stay, will transfer him /her to Bangalore station.
Note: As observed in para 4 of the AGT guidelines 2011, Bangalore as a highly developed industrial city in the state as well as having ever growing potential in all fields, is attracting more & more people to settle in city. Our officers are not lagging behind in the race. But to encourage the officers to stay outside Bangalore for longer tenures and not to seek transfer back to Bangalore with the assurance that they can return to Bangalore whenever they want. Thereby reducing the no. of requests to Bangalore during AGT. But the existing provisions implies that requests to Bangalore immediately after minimum tenure will have preference transfers back to Bangalore whereas the other requests are put to zonal chief commissioner’s mercy. Hence the association seeks above changes.
7 / 10 / Regarding posting to LTU, the Officers returning to Bangalore from non-executive posts on completion of tenure should not be posted to LTU unless the said individual is willing. The Selection to LTU posting should be made transparently with standard guidelines, if admn. wants to have a criteria for selection. The opportunity to work in LTU on retention in Bangalore should be extended to all. That is willingness for LTU should be called alongwith AGT and in standard format. This issue has come up as some superintendents under the orders of transfer or due for transfer to outside Bangalore were posted to LTU subsequently thereby retained in Bangalore whereas same opportunity was not given other superintendents during AGTs.
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13 / Postings to Bangalore Customs:
i. Tenure in Bangalore Customs shall be for tenure of 4(four) years only. No extensions should be granted beyond four years tenure;
ii. Since, Bangalore Customs is not a deputation posts, any requests for transfer to come out of Customs after serving in non-executive posts or only in hardship postings(viz. Airport) before completion of four years from an officer may be considered on genuine grounds for such requests. This will mitigate the situation of requests for transfer out of Customs after serving in only executive/sensitive posts.
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;
  1. Considering the distance of the airport from the city and to have willing officers to work in Airport due to its sensitiveness, postings to International Airport @ Bangalore may be made separately against willingness and such officers after completion of airport tenure will go out of Customs and this tenure should not to be clubbed with normal Customs postings. Norms for selection to International Airport at New Delhi may be adapted for selection of officers to International Airport.

9 / 17 / No out of turn postings to Customs, Bangalore be considered on any grounds.
10 / 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 and they have been left with less than four years of service for superannuation should be considered on priority over others and posted to Bangalore Customs.
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19a
19e / 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. Transparent method for process of evaluation for determining the deserving cases may be drafted and notified.
ii. Education (when one year tenure for transfer is implemented): Requests from officers whose children are appearing for board exams upto XII/II PUC 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.
iv. 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.
The Annual Transfer Orders invariably may 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.
12 / ONLY IN CASES OF REQUEST TRANSFERS: When requests for transfers to a particular station in the Mysore Zone is received, 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 before filling-up the vacancy. This will not apply to single post stations. 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.
Note: The situation seen in this issue is that such requests for a station in Belgaum or Mangalore Commissionerates are considered favourably. And such requests to Bangalore is also considered. Whereas if such request is for Mysore station(only for Mysore station), the situation is not positive even if vacancies are in existence/are being filled-up. In the previous AGT, CCA was compelled to cancel the transfer made because of posting the individual to different commte inspite of said transfer is a request transfer without TA/DA. Hence it is requested that if transfers are made on request, then such requests for transfer should invariably be considered for the station requested before filling-up the vacancy.
13 / - / 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 if such requests are received.
14 / 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 be posted to non-sensitive charge as a cooling off period.
15 / At the time of AGT itself, the willingness of the officer may be called for deputation to international airport/DRI/DGCEI /SEZ/EPZ ETC., for preparation of the panel and all postings in case of vacancies arise till next AGT shall be made from the list compiled during AGT.
16 / 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.
17 / The officer transferred back to Bangalore should not be posted to same Commissionerate from where the said individual was transferred while going out of Bangalore.

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