F. No. AICEIA/ADMIN/2014/04 Date: 07.05.2015
To
The Member (P&V),
Central Board of Excise & Customs,
North Block,
New Delhi-1.
Sub: Inter-Commissionerate Transfers- Request for issue of instructions –reg.
Madam,
This Association would like to draw your kind attention to the Board’s circular F.No.A-22015/23/2011-Ad.III.A dated 27.10.2011, containing the guidelines for Inter-commissionerate transfer of Group ‘B’, ‘C’ & ‘D’ officers under CBEC.
2. This is to bring to your kind notice that the Cadre Controlling Authorities under various zones are following divergent policies owing to which the deserving candidates, whose request was considered as genuine, are unable to get the requisite benefit of transfer.
3. Kindly find enclosed a copy of the order dated 18.03.2015 passed by the Hon’ble Central Administrative Tribunal, Ernakulum on a batch of applications filed by the officers who were granted Inter-commissionerate transfer but have not been relieved. The cadre controlling Chief Commissioner, Cochin had granted concurrence in respect of those officers for their transfer to various zones and the respective cadre controlling chief commissioners have issued necessary orders of transfer. However, the CCA, Cochin has delayed the relief on administrative grounds (citing shortage of staff), due to which these officers had approached the Hon’ble Tribunal for relief. The Tribunal has ordered that these officers shall be relieved within a period of 40 days from the date receipt of the order. However, it has come to our notice that the CCA has challenged the said order in the Hon’ble High Court of Kerala and obtained a stay order for a period of 4 months. The relief of these officers has therefore been further delayed.
4. Madam, you would appreciate that these officers had sought transfers to their respective hometowns/other places of their need, on compassionate grounds, which were considered to be genuine based on which the orders for transfers have been issued. However, if their relief is delayed, the very purpose of which transfer was sought and considered is defeated. Many zones cancelled the ICT orders due to non-relieving of officers from particular zone. If an order of ICT is cancelled for no fault of the officers then it may well be impossible for them to get another opportunity for transfer in the near future. The reason cited by the Cadre controlling authorities for delaying the relief on administrative grounds is unjustified, as the vacancy position across all zones is higher. Subsequent to the above, the requests of officers for transfer on genuine medical grounds are not being considered and kept pending.
5. One of the conditions of ICT is that the officers who are seeking transfers would be placed at the bottom of the seniority list and delay in relief will result in loss of their seniority as officers from other zones are likely to report ahead of them and also in case of new recruits joining the respective zones. Madam, it is now learnt that the SSC has declared the results of the CGL Examination for the year 2013 and new recruits are likely to join the department in the coming days. In case of any delay in relief and cancellation of the orders already issued, these officers will stand to lose enormously and the purpose for which they sought transfer will forever remain unfulfilled. The provisions for inter-commissionerate transfer were meant to alleviate the sufferings of the officers who are posted far away from their hometowns. However, the decisions/divergent views taken by various cadre controlling authorities are scuttling the purpose for which it was brought in.
6. Many CCAs are not forwarding the applications of ICT to other zones, even on extreme compassionate grounds (i.e. disease like cancer to his/her dependent), which is causing great mental agony, sufferings and economic crisis to the family of Inspectors. Administration takes different measures for consideration of ICT or granting NOC for ICT. They, sometimes, act differently under same zone. For example, a Commissionerate forwards application for ICT whereas other Commissionerate rejects the application in the same Cadre Controlling Zone citing different reasons. Central Excise Zone, Kolkata is also not relieving Inspectors even the Inspectors have been granted ICT to other zone citing administrative exigencies. This arbitrary action of the administration is marring the purpose of the Board’s guidelines on ICT.
7. There are neither proper guidelines for forwarding the application of ICT by a CCA nor any proper guidelines for consideration of the same by other CCA. There are also no proper guidelines for ICT on Spouse Grounds in this existing circular.
8. Under these circumstances, it is requested that appropriate instructions may kindly be issued for maintaining uniformity in respect of Inter-Commissionerate transfers. Awaiting issuance of favourable orders, we remain.
Thanking you.
Encl. As above.
Yours faithfully,
Abhishek Kamal
Secretary General
F. No. AICEIA/ADMIN/2014/05 Date: 07.05.2015
To
The Member (P&V),
Central Board of Excise & Customs,
North Block,
New Delhi-1.
Sub: Non-observance of CBEC Guidelines regarding Hon’ble Supreme Court Judgment in the Case of N R Parmar v/s. Union of India by many CCAs - Reg.
Madam,
Please refer to the letter No. A-32022/06/2014-Ad.III A dated 08.09.2014 issued by the CBEC, New Delhi regarding Inter-Se Seniority of Direct Recruit & Promotee Officers.
In this context, it is to submit that many Cadre Controlling Authorities have not yet finalized the Seniority List of Inspectors in light of Hon’ble Supreme Court judgment in the case of N R Parmar v/s. Union of India. The CCAs of Central Excise & Service Tax Zones like Bangalore, Mumbai, Ranchi etc. have not prepared the Seniority List yet, despite the lapse of many months.
Many Inspectors of different zones have forced to move to CAT in order to get the said judgment implemented. For example, some officers in the grade of Inspectors had to approach the Hon’ble Central Administrative Tribunal, Ahmedabad, which granted a blanket stay on conduct of DPC, till Seniority List dated 01.01.2013 is revised in light of the said judgment of Hon'ble Supreme Court. Finally, the draft Seniority List as on 01.04.2014 was prepared by CCA, Vadodara as per the guidelines of CBEC regarding the implementation of the Hon’ble Supreme Court judgment in the case of N R Parmar v/s. Union of India and was submitted to the Hon’ble Central Administrative Tribunal, Ahmedabad on 07.10.2014. Further, CCA, Vadodara vide its letter dated 14.10.2014 (copy enclosed) published the revised draft Seniority List as on 01.04.2014. However, the same could not be finalized as some of the Inspectors of 2003 Batch (Joined in the year 2005) subsequently approached the Hon’ble High Court of Gujarat for implementation of the said Hon’ble Supreme Court judgment in their case as well and the same is pending before the Hon’ble High Court, but it is pertinent to mention that no stay has been granted by the Hon’ble High Court on the Seniority List as on 01.04.2014 till date.
Madam, despite Association's requests dated 28.04.2015 & 29.04.2015, the Chief Commissioner of Central Excise, Vadodara/Ahmedabad zone is validating the “Seniority List as on 01.01.2013” for the purpose of calling willingness of Officers in the grade of Inspectors for Gujarat Customs in view of AGT-2015 instead of the “Seniority List of 2014”.
Madam, this situation persists in many zones (like Kolkata) where the seniority list on the basis of the above said judgment of Hon'ble Supreme Court has been prepared and circulated but for promotion, AGT & other matters, the old seniority list is being used.
In this regard, it is requested to issue suitable directions to the competent authorities for preparation & issuance of Seniority List in light of N R Parmar Judgment without further delay and issuance of ‘Due List’ of Inspectors for Gujarat Customs in consonance with the Draft Seniority List as on 01.04.2014.
Thanking you.
Encl. As above
Yours faithfully,
Sd/-
Abhishek Kamal
Secretary General
Copy submitted to:-
(1) The Chief Commissioner, Central Excise: Vadodara Zone, Central Excise Bhavan, Race Course Circle, Vadodara-390 007 for favour of kind information please.
(2) The Chief Commissioner, Central Excise: Ahmedabad Zone, Near Polytechnic, Ambawadi, Ahmedabad-380 015 for favour of kind information please.
(3) The Chief Commissioner, Customs: Gujarat Zone, Custom House, Navrangpura, Ahmedabad for favor of kind information please.
(4) The National Vice-President (Representing West Zone), All India Central Excise Inspectors’ Association, Rajkot with reference to his letter dated 28.04.2015.
Abhishek Kamal
Secretary General
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