Ref: CESA/67/2015
Date: 07-Dec-2015.
Shri. S. C. Varshney,
Principal Chief Commissioner Central Excise Zone-I &
Cadre Controlling Authority,
Mumbai Zone.
Sub:- Request
for incorporating guidelines in Transfer & Posting Policy for Grp-B in the
matter of deputation/loan Posting and repatriation on completion of tenure –
reg.
Respected
Sir,
Your
kind attention is invited to the “Transfer & Posting Policy” of Grp-B of
Mumbai Zone.
This
association had earlier represented to various Chief Commissioners to prescribe
a policy for sending Group-B officers on Deputation/loan basis to various
organizations and Directorates. However, on one pretext or the other, no such
policy has been formulated so far.
In the present Transfer & Posting Policy for
Group-B officers issued in the year 2014-15, Para 10.1 states that :-
“Cadre
clearances for deputation to offices under the CBEC/outside organization shall
be through Cadre Controlling authority. Request for extension in tenure (1
year) on deputation will be decided by the Chief Commissioner of the Zone.”
This
policy statement is silent on the process of selection & posting of
officers and their extension in that organization.
It is
seen that officers are continuing for years together, even after promotion to
the next cadre, beyond their prescribed tenure of deputation/loan.
The very objective of the
Transfer and Posting Policy is defeated as well as in violation of CVC
guidelines/norms. Because of this wrong practice there is lot of resentment in
the Grp-B cadre, as many of the officers do not get an opportunity to work in
other organizations in their lifetime.
It will
not be out of place to mention here that these postings are considered
sensitive and hence such prolonged tenure in such Directorate etc. is not in
conformity of CVC norms without any cooling-off period, yet no attention is
paid by the authorities.
It was
expected that the said practice will not be continued after the Cadre
Restructuring-2014, as the number of officers to be sent on deputation to other
formations was allocated against the strength of every Cadre Control.
However, the conventional manner of adhoc posting is still going on. It is on
record that in formations like DRI, DGCEI, Settlement Commission,
DG(Inspection), DG(Audit), DG(ST), etc., many officers have put in more years
than the prescribed maximum of 7 years (i.e. Deputation period of 5 years + 2
years extension). Same set of officers are rotated continuously either as on
deputation or on loan basis, which is highly objectionable and not in the
interest of the organization, but rather leans towards the needs of the Senior
Officers.
In this regard, your kind
attention is drawn to Para 10.3 of the OM dated 02-July-2015, issued by the
DoPT, New Delhi and circulated by the Board vide Circular No. 20/2015 dated
31-July-2015, wherein it is clearly stated that :-
“ …there should be periodic rotation of officers
and no officer should be allowed to be posted …. for more than the prescribed
tenure…”.
These instructions should be
implemented rather than remaining as mere instructions for record purposes.
Further,
as per the Grp-A Transfer & Posting policy, rotation of the senior officers
takes place without any deviation but the same is not the case of junior
officers, who are allowed to continue as if they are
indispensible. It appears that the confidence of the Senior Officers
have declined, unlike earlier times, that they cannot perform in the
organisation without these junior officers. Sometimes officers are posted on
recommendations just for sake of obligation or to remain in good books of some
senior officers, at the cost of compromising the efficiency as well as
integrity of the organization, ignoring all the norms of Establishment like
cooling period, going from one deputation to another, or from one loan-basis to
another just to avoid non-sensitive postings.
CESA, Mumbai, once again suggests
the following :-
1) that the staff & officer
requirements of the Executive & Audit commissionerates of Central Excise
and Service Tax, be first met before considering the requirements of other
organizations/Directorates.
2) The officers already posted in
the DRI, DGCEI, Settlement Commission, DGST, DG(Audti) DG(Valuation), NACEN,
etc., who have completed their stipulated tenure should be immediately
repatriated without any delay or excuses.
3) Those officers who have completed
more than 1 year on loan-basis should also be repatriated back to their parent Commissionerate.
4) There should be maximum
deputation tenure in entire career of every cadre as in the case of Group ‘A’
it is 10 years only. We suggest that the same be applied and not more than 5
years at a stretch.
5) To curb the manipulations, the
tenure (incl. Deputation and on loan-basis) should not exceed 12 years in total
in their entire career.
6) Also, the cooling-off period has
to be strictly adhered as per the CVC guidelines. Without completing
cooling-off period of 2 years, no officer should be allowed to go on further
deputation / loan-basis.
7) Keeping officers in these
organizations, who have already reached the ceiling of the maximum reward, thus
depriving other officers a chance to work in these organizations (Reference to
Para 10.3 of the New Reward Policy guidelines issued vide Circular No. 20/2015
date 31-July-2015)
8) As it has happened in the recent
M&P Establishment Order dtd. 04-Dec-2015, advance copy of applications are
entertained which is in violation of norms specified by the Cadre Controlling
authority itself !!
The
representations received through proper channel only should be considered for
the sake of transparency.
Further,
while considering officers for deputation/loan-basis, back-door entry should be
curbed and should only be on the basis of a roster of willing officers and
posting to these organization should be done only once in a year. Care may be
taken to ensure utmost transparency so that the officers of Grp-B cadre will
not feel deceived.
Being
a cadre controlling authority the data of each officer is already available on
records. Kindly look into the same and suitable action may be initiated in this
regard for smooth administration.
CESA, Mumbai, assures to extend all assistance
and co-operation in this regard, if required, even at short notice.
Thanking
you,
Yours
sincerely,
A.
K. SASMAL
General
Secretary
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