Thursday, October 27, 2011

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

27 comments:

ketan said...

iss order ke ane se spouse ground par transfer probation complete karne ke baad hoga kya???

Anonymous said...

meri RTI ke jawab me ye kehte hain ki spouse ground par transfter band ho gaya hai. Aisa kaise ho sakta hai Ye to special case hai. DOPT ke guidelines bhi hai ke spouse ka transter jald se jald kiya jaaye. Aur 30 Sep 2009 wale order me DOPT ne ise MANDATORY bhi bataya hai. Vaise bhi DOPT is the apex organisation in this regard as per the Business Act, 1961. Aur vaise bhi social justice aur family welfare ke liye ye jaruri bhi hai.

Anonymous said...

per sir, apna cbec apne aap ko apex body samajhati hai to kya kiya jaaye.

Anonymous said...

I HAVE BEEN TRANSFERRED ON 21.06.2010 FROM VADODARA COMISSIONERATE TO RANCHI COMMISSIONERATE ON SPOUSE GROUND (WITHOUT LOSS OF SENIORITY) BUT NOW THE DEPARTMENT IS FIXING MY SENIORITY AT A LOWER LEVEL SAYING THAT NOW ACCORDING TO THE BOARDS LETTER DATED 27.10.2011 I HAVE TO LOOSE MY SENIORITY TO THE EXTENT I HAVE BEEN TRANSFERRED TO RANCHI COMMISSIONERATE. NOW PLEASE HELP ME SHOULD I GO TO CAT AND FIGHT FOR MY SENIORITY OR IT IS FUTILE. PLEASE HELP

Anonymous said...

ACCORDING TO THE BOARDS LETTER DATED 27.10.2011 AS MENTIONED ABOVE "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".
NOW MY PROBLEM IS THAT, I HAVE BEEN TRANSFERRED ON SPOUSE GROUND WITHOUT LOSS OF MY ORIGINAL SENIORITY ON JULY 2010 BUT NOW THE ADMINISTRATION IS SAYING THAT I HAVE TO LOOSE MY SENIORITY. SHOULD I GO TO THE CAT AND PROTEST IT???? PLEASE ADVICE ME FRIENDS

Anonymous said...

The Board seems to be a bunch of the most stupid apes... insane people ...our association ..full of greedy...self centred..Bast***s..playing games against its own people... and we are behaving like boneless creatures... we must fight against such lunatic persons.....go boy start the fight ...at least I am with you...

Anonymous said...

nothing wrong will happen to your requests of transfer on spouse ground. dopt is the apex body only . or akhirkar dil ka mamla h bhi...............

Anonymous said...

thanks for your support now
i will surely protest it in CAT

Anonymous said...

The Hon’ble CAT (Principal Bench, New Delhi) was pleased to quash and set aside letter F.No.A.22015/19/2006-Ad.III.A dated 27.3.2009, and F.No.A.22015/18/2009.Ad.III.A dated 7.8.2009 and allowed O.A Nos. 3305/2011 and 4401/2010 as already decided by the Hon’ble Ernakulam Bench of the Tribunal in 643/2009, 650/2009, 835/2009 and 400/2010. Thus the Board has merely followed the judgement delivered on transfer on spouse ground. I dont think any relief wiil be granted by the CAT.

narender said...

all the anonymous members who have given their comments, i have the same issue, and i request u to please provide ur contact info here also so we can take benefit of it. my contact no 08749065225 and 09241124866. (narender)

Anonymous said...

I would like to know whether ICT is only for promotion quota. that means if a person is working as Senior Tax Assistant whether he has to revert back to Tax Assistant grade in order to get transferred.

raj said...

After implementation of new ICT policy, every interested candidate has to sign a declaration that he will accept his loss of seniority. But when i was transferred on ICT i don't have such situation/option. Can i plea that, if i would have that option/situation then may be i wouldn't have opted for ICT and may remain in the same Cadre with my original seniority. Would Hon'ble CAT's decision in O.A Nos. 3305/2011 and 4401/2010 effect retrospectively. please guide.

Someshwar said...

As per the latest order it clearly says that however any promotion received in parent cadre will remain. therefore no question to revert back to tax assistant. as per the notification. this matter is complex and there are several correspondence going on this matter

muthu said...

Once applied for ICT, can it be refused after getting promotion to the direct post to promotee post i.e. from Sr. tax Asst. to Tax Asst?what impact on salary (Grade pay)?any pay protection?

bonne said...

are bhai koi to bataye ki kisi bhi ground par do sal se pehle Inter commisionerate tranfer ho sakta hai ya nahi

Abhishek Gaur said...

http://www.indiankanoon.org/doc/115139698/

Check this latest order from CAT in rohit mudgal case. Clear directions to cbec to change policy

Monish said...

I had applied for transfer on ICT to Delhi and was given clearance from my parent Commissionerate. Now the Delhi Cadre is saying that all transfers are being done on Direct Recruitment basis and they say it is the policy of the board. There are many vacancies in my cadre which are not filled up for about 6-7 years. Does anyone have this so called policy or it's details. The Delhi Commissionerate does not have any copy of this Policy order nor do they have any mention of such a policy in any of their ICT Files. They just mention it and say it. No reference given.

sanju said...

As per Board's Circular dated 27.10.2011 "Under no circumstances, request for ICT should be entertained till the officer appointed in a particular Commissionerate /post completes the prescribed probation period". The prescribed probation period as per Recruitment Rules is 2 years for Direct Recruited Inspectors. I would like to know that is the same clause applies for promoted Inspectors (promoted from STA to Inspector). As per my knowledge, probation period applies only on initial appointment. A employee already working since last 20 year needs to clear probation period of 2 years again. Please reply

kumarsinghania said...

The ICT is open from the CBEC Board but in Chennai Central Excise Zone , they are applying regular restrictions and new criteria as per their convenience however as per Board instructions the candidates who fulfill the criteria is eligible for ICT Transfers but nothing is being forwarded from CCA Chennai. Who will take care of it? Is it another scam from Ministry of Finance from P.Chidambaram office for postings and transfers like Pawan Kumar Bansal???? If yes then the bogus leaders should come ahead with a designer bowl mentioned with ICT TRANSFER BEGGERS ? What is going on in India , no one is taking care. The Indian Bureaucrats are more corrupted than Indian Politicians.

Sukhdev Sharma said...

From December 1988 to May 1991, I, remained posted outside Delhi in the then Ambala Division (now Panchkula Commissionerate). Again posted to Faridabad Commissionerate during 1998 - 2000 (at that time this was treated outside Delhi posting) then Gurgaon and Faridabad were declared as 'Not Outside Delhi Posting'. I am again posted to Faridabad Commissionerate since May 2012 and am still continuing over there and name has been included in the list of officers due for posting outside Delhi. Surprised enough that I never got posting in CE Division-I Delhi, CE Division-II Delhi, Hqrs Anti-evasions Delhi-I or Delhi-II/Delhi-IV, of course spent 4 years in Service Tax Anti-evasion from there direct flight to Faridabad. Never got posted in Gurgaon Commissionerate or Rohtak Commissionerate and just got posted once in 2007-08 in ICD TKD. But outside Delhi posting is again waiting for me. I crossed 57 years of age, suffering with diabetics, had bypass surgery (CABG) in 2004, occupying Government accomodation, children completed Masters from JNU, pursuing Civils. What is the solution to avoid OUTSIDE DELHI POSTING. No God Father.

Sukhdev Sharma said...

From December 1988 to May 1991, I, remained posted outside Delhi in the then Ambala Division (now Panchkula Commissionerate). Again posted to Faridabad Commissionerate during 1998 - 2000 (at that time this was treated outside Delhi posting) then Gurgaon and Faridabad were declared as 'Not Outside Delhi Posting'. I am again posted to Faridabad Commissionerate since May 2012 and am still continuing over there and name has been included in the list of officers due for posting outside Delhi. Surprised enough that I never got posting in CE Division-I Delhi, CE Division-II Delhi, Hqrs Anti-evasions Delhi-I or Delhi-II/Delhi-IV, of course spent 4 years in Service Tax Anti-evasion from there direct flight to Faridabad. Never got posted in Gurgaon Commissionerate or Rohtak Commissionerate and just got posted once in 2007-08 in ICD TKD. But outside Delhi posting is again waiting for me. I crossed 57 years of age, suffering with diabetics, had bypass surgery (CABG) in 2004, occupying Government accomodation, children completed Masters from JNU, pursuing Civils. What is the solution to avoid OUTSIDE DELHI POSTING. No God Father.

Sukhdev Sharma said...

All mess in Delhi Customs & Central Excise over AGT. Transfer Policy being changed frequently to accommodate resourceful officials. Policy is meant for those who do not have God Fathers. Got posted in Ambala during 1988-1991, Faridabad posting during 1989-2000. Again posted at Faridabad since May 2012. Remained for one year in CCU, one year in Customs A&R, 4 years in Service Tax Anti-evasion hence posting outside Delhi is due. Though crossed 57 years of age, suffering with diabetics, had bypass surgery (CABG) in 2004, occupying Govt accomodation, wife suffering with arthritis and many more personal problems yet department found me fit for outside Delhi posting.

Sukhdev Sharma said...

In May 2011,CEIB organized training programme at Pune, Service Tax Delhi directed me to attend but did not pay me the 'Course fee' and travel documents. Air India was on strike during those days, even CEIB officials and many more travelled by private airlines and got reimbursement of air-fare. I spent entire amount and submitted my TA Bill. ST did not pay me this amount of air-fare hence I lodged grievances through CPGRAM. Department keeps CPGRAM messages on its toes and on 12.09.2013 (after 2 years) asked me as to why I travelled through private airlines. Moreover, 60% arrears of 6th Pay Commission recommendations not paid to me till date. CPGRAM initiatives failed because department just ignored the same. WHAT TO DO NOW? WHOM TO APPROACH FOR JUSTICE? SHOULD I GO TO C.A.T ASKING FOR INTEREST ON THE AMOUNTS DUE? SUKHDEV RAI SHARMA, CPGRAM grievance registration numbers are CBOEC/E/2013/00968, 969, 972, 1176,1332 etc.

Suresh Yadav said...

spouse ground transfer ke liye probation period complete krna padta h kya??????plz suggest..

Suresh Yadav said...

I am Suresh Yadav newly appointed Central Excise Inspector at Mumbai I zone Maharshtra. My wife is also newly appointed Jr. Accountanr at CAG Chandigarh.I want to know there is possibility for my transfer in probation period to Chandigarh.Or It is compulsory to complete probation period before applying transfer on spouse ground.
Please provide me useful information on this regard.

Harii Shaancker said...

I joined C.Ex in Feb 2013 with service continuation from Railways after 6 1/2 yrs service, completed 05 yrs probation in railways. Is it compulsory in my case to complete again 02 yrs probation in this deptt ??

HARISHANKER - 9430137627
hariishaancker@gmail.com

Harii Shaancker said...

My query is for ICT.....
I joined C.Ex in Feb 2013 with service continuation from Railways after 6 1/2 yrs service, completed 05 yrs probation in railways. Is it compulsory in my case to complete again 02 yrs probation in this deptt ??

HARISHANKER - 9430137627
hariishaancker@gmail.com