CBEC Letter dated 27.10.2011 regarding Lifting of ban on Inter Commissionerate Transfer in respect of willing officers in Group `B’, 'C' & 'D'

BY SPEED POST

F.No. A. 22015123/2011-Ad.III.A

Government of India

Ministry of Finance

Department of Revenue

Central Board of Excise & Customs

Room No. 502, Hudco Vishala Building,

Bhikaji Kama Place, R.K. Puram, New Delhi 110 066

Dated the 27th Oct., 2011.

To:

All the Chief Commissioners/Directors General under CBEC

All the Commissioners in-charge of Directorates under CBEC,

Subject - Lifting of ban on Inter Commissionerate Transfer in respect of willing officers in Group `B’, 'C' & 'D' posts under the CBEC - regarding

Sir/Madam,

I am directed to refer to the Board's letter F.No. A 22015/3/2004-Ad.III.A dated 19.2.2004, vide which the Inter-Commissionerate Transfer (ICT) in  respect of Groups ‘B’, 'C' and 'D' employees were banned. Subsequently the ban was relaxed in phases on spouse ground, compassionate appointment ground and physically handicapped employees vide Board's letters F.No,A.22015/19/2006-Ad,III,A dated 27.03.2009, F.No. A. 22015/11/2008-Ad.IlI.A dated 29.07.2009 and F. No. A.22015/15/2010-Ad.III.A dated 09.02.2011 respectively. Such relaxation was allowed without loss of seniority and subject to specific conditions mentioned in the above instructions. This was done to facilitate posting of husband and wife at the same station and permitting ICT in respect of employees appointed on compassionate ground basis and for physically handicapped employees without loss of seniority.

2.           On consideration of all aspects in the matter of ICT, it has been decided by the Board now to lift the ban on ICT with immediate effect. Accordingly, any willing Group ’B’,  'C' employee and the erstwhile Group `D" employee may apply for transfer from the jurisdiction of one Cadre Controlling Authority (CCA) to another CCA subject to availability of vacancy and on the following terms & conditions:

(i)        The concerned two Cadre Controlling Authorities should agree to the transfer.

(ii)       The transferee will be placed below all officers appointed regularly to that post/grade on the date of his/her appointment on transfer basis in terms of Pant 3.5 of DOP&T's O.M. dated 03.07.1986. In other words, such a transferee will be junior to those regularly appointed officers prior to his/her transfer. However, such transferred officer will retain his/her eligibility of the parent Commissionerate for his/her promotion to the next higher grade, etc,

(iii)       On transfer he/she will not be considered for promotion in the old Cammissionerate.

(iv)       He/she will not be entitled to any joining time and transfer traveling allowance;

(v)       Under no circumstances, request for ICT should be entertained till the officer appointed in a particular Commissionerate /post completes the prescribed probation period.

(vi)      The seniority of the officers who were allowed ICT earlier by the various Cadre Controlling Authorities on the basis of Board's letters F.No.A.22015/19/2006-Ad.III.A dated 27.03.2009;  F,No, A. 22015/11/2008-Ad .III.A dated 29.07.2009 and FNo. A.22015/15/2010- Ad.III.A dated 09.02.2011 shall be fixed as per the present instructions.

(vii)      Officers who are presently working on deputation basis from their parent Commissionerate to any other Commissionerate/ Directorate and are willing to avail of the ICT in future will have to revert back to their parent Commissionerates  first and apply afresh for ICT. The officers who have been continuously on deputation and have been absorbed on ICT during the interim period from 19.02.2004 (i.e. the date from which the ban became effective) till date, their seniority will he fixed from the date of their joining on deputation in the transferred Zone/Commissionerate.

(viii)       A written undertaking (in the enclosed format) to abide by the requisite terms and conditions will be obtained from the officers before the transfers are actually effected.

(ix)         All pending Court Cases where seniority protection/ICT has been challenged may be handled appropriately in terms of these instructions and necessary compliance furnished to the Board in due course.

3.           The above instructions may be brought to the notice of all concerned authorities for compliance.

Enclosed- As above

Yours faithfully,

-sd-

(SK DEB)

Deputy Secretary to the Government of India

Tele-Fax 011-26162693

Copy to-

1.           All the recognized Staff Associations concerned (under CBEC) — for information and circulation amongst their members.

2.           All Administration Sections of the Department of Revenue

Signed copy of the CBEC letter is available at www.aiceia.blogspot.com