ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
President: Address for
communication:
Secretary General:
A. Venkatesh 240, Razapur,
Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, SomnathChakrabarty
(west); Ashish Vajpayee, PranaveShekhar (North); B. Pavan K. Reddy, M.
Jegannathan (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint
Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, SanjeevSahai
(West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar
(South); Anand Kishore, AshutoshNivsarkar (Central) Office Secretary: C.
S. Sharma Treasuer: N. R. Manda Organising Secretary: SoumenBhattachariya
(Recognised by G.O.I., Min. of Fin. vide letter F.No.
B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 121/AIB/T/19
Dt.10.06.19
To,
The
Principal Chief Commissioner (Lucknow Zone),
CGST &
Customs, Lucknow.
Sub:
Recommendation of names of Superintendents for posting to Customs (Prev.)
Commissionerate.
Sir,
It is to submit with due regards
that the Superintendents are transferred to Customs from the existing Commissionerate
under newly drafted policy without having any meeting or consultation with the various
units of Association in the Zone. All the officers immediately represented
against the transfer order. Such transfers also cost exchequer in the form of
TTA alongwith affecting efficiency and developing general discontent among the
member officers.
2. These transfers have disturbed most of the officers in as much as the
officers having tenure of 1-3 years in the existing Commissionerate have been
transferred without completion of their tenure. This has resulted in mass
disturbance. This will also lead to double establishment for the officers which
is practically, financially and emotionally not viable as almost all of the
officers are in the age group of 50 or 50+ years.
3. The AGT is held every year in the
grades of Superintendents and Inspectors at the zonal level. The lists are
generally of three types- Inter Zonal, Inter Commissionerate and Intra-Commissionerate.
Such orders of transfers are issued on the basis of the Transfer Policy
approved by the Administration in consultation with various units of Gazetted
Officers and Inspectors Association.
4.
The aim of Transfer policy, as per zonal policy for 2016-17, is to provide
transparency, objectivity, increased perception of fair play and clarity in
annual general transfers and to promote integrity, efficiency and improved
performance. This aim was again reiterated in policy of 2017-18 following the
principle of PATH (Professional, Accountable, Transparent & Honest).
5. Like
in the past, this year also a Circular under C. No.
II(03)41-CCSC/AGT/LKO/2019/259 dated 08.03.2019 was issued with copy endorsed
to General Secretaries of all Association units of the zone wherein
suggestions/comments were asked on the existing Zonal Transfer Policy, 2017. In
compliance, the Association Units submitted their suggestions/comments.
6. However,
the Zonal Transfer Policy 2019 was approved by the committee comprising
Commissioner (Audit) Lucknow,
Commissioner (Customs Prev) Lucknow, ADG Vigilance, DGoV, Lucknow and
Principal Commissioner CGST, Agra without consulting the staffside. This policy
was also approved in toto by your goodself and circulated vide letter C. No.
II(03)41-CCSC/AGT/LKO/2019/525 dated 20.05.2019. It is reiterated that the
said policy has been framed unilaterally without consulting the Staff
Associations despite of the long standing directions/instructions of the Board
to consult the Associations on the issue.
7. Consequent
upon the issuance of the Transfer Policy dated 20.05.2019, the Association Unit
requested your goodself to call a meeting with all associations of the zone to
discuss and clarify the provisions of the new transfer policy. It was also
requested that AGT may be issued after finalization of the transfer policy by
consensus with office bearers of the associations after addressing dissent, if
any, and officers to Customs Formations may be transferred on the basis of the willingness
and on promotion only as was being followed in the past without any compulsion
of sending those officers to Customs who have never remained there. It is also worth to submit that the transfers have
been made unilaterally without taking into consideration the option given by
the officers.
8. The
provision in the Point II of para vi under heading ‘Release of Names of the
Officers /Staff in Customs side’ of the policy says that the officers having no
Customs exposure will be given priority. It is contradictory to point (vi) of
the heading ‘Tenure of Commissionerate/Station’ wherein the tenure of the
Commissionerate has been fixed as 10 years and 4 years for CGST and Audit
Commissionerate respectively. This contradiction has caused confusion and
insecurity among officers regarding their probability of transfer and
particularly change of station to far away stations/places under Customs
jurisdiction for long periods. It appears that the officers of the age of 50
years and above, when family responsibilities are at its extreme, are likely to
be affected badly by the provision under the heading ‘Release of Names of the
Officers /Staff in Customs side’. In view of the above, it is requested that
the officers not having completed the tenure in the existing Commissionerate
and not willing to go to Customs may kindly not be dislocated as this will
completely undermine the spirit of the Transfer Policy.
9. Without
taking cognizance of any request of the Association, the names of the
Superintendents have been issued for release for posting to Customs (Prev.)
Commissionerate, Lucknow vide letter C.No. II(3)41-CCSC/LKO/2019/567(S/L) dated
04.06.2019. The officers transferred were not mentally prepared for such
transfer and this order has come a big shock to them. They immediately
represented against the said order. It also appears to be the first time in the history of Customs (Prev.)
Commissionerate that no Establishment Order for transfer of officers to the
Commissionerate has been issued. Instead a simple letter by has been issued
making recommendations of certain names.
10. The
said recommendations have been made neglecting the provisions of para 5 (vi)
& (vii) of the Transfer policy as the officers have been transferred
without completion of Commissionerate tenure. Thus, no officer from any Commissionerate under the
zone may kindly be transferred out of the existing Commissionerate without
completion of tenure or without willingness. It is worth to submit that the said recommendations have been made in
utter disregard of para 5 (vi) & (vii) of the Transfer policy.
11. Moreover, the staff is well short of
sanctioned strength and officers are having multiple charges in all
Commissionerates. In such a scenario, such mass transfers are not in the
interest of public and officers.
12. Thus,
the said recommendation of the names of the officers for posting to Customs
(Prev.) Commissionerate may kindly be reconsidered and only the names of those
officers may be recommended who have either completed their tenure in the
existing Commissionerate or have opted for the Customs. The officers repatriated from Customs (Prev.) or Directorates may also
kindly be posted to their parent Commissionerate as has always been done in the
past.
13. In the view of the above, it is
requested to kindly put the recent Inter Commissionerate Transfer Orders-2019
on hold and sympathetically consider the submissions made above for the sake of
justice to the staffside.
Thanking
you,
Yours
sincerely,
(RAVI MALIK),
Secretary General.
Copy with
the request for necessary action to:
1) The
Member (Admin & Vigilance), CBIC, North Block, New Delhi.
2) The
Chairman, CBIC, North Block, New Delhi.