GOVERNANCE THROUGH COMPLAINTS...

After liberalization, several changes and simplifications in all the taxes were not only announced by the GoI, but also implemented for the free movement of trade, trying to increase the trust levels between the tax-payers and the tax-collectors.

Recently a survey was carried out by the Wellingkar Institute of Management, Mumbai, on behalf of NACEN, Mumbai and the same was released by the Hon. Chairman, CBEC, Shri Najib Shah at Mumbai. Normally complaints are registered in Service Tax (the time taken for the Registration process) and in Customs (the time taken for clearing Customs by the passengers while coming from abroad at Airport) The report categorically say that around 3000 passengers arrive on a daily basis at Mumbai CSI airport and 99.6% of the passengers walk out of the Green Channel. Only the remaining 0.4% of the passengers are either declaring dutiable goods and paying some duty either on their own or when intercepted by the custom officers. Majority of the passengers express their ignorance of the Baggage Rules, which is hardly believable especially in this age of internet and smart phones. Because of the greater level of awareness, instead of honestly declaring what they carry, they are prompt enough to complain about the etiquettes, attitude, manners of the Custom officers, who is trying to do his duty diligently. In the era of RTI, CPGRAM and non-supportive attitudes by the seniors, the officers posted thereon have chosen a middle path and allow most of the passengers to walk through the green channel without any major checks.

Earlier the smuggling used to take place either through landings along the coastal belt of Maharashtra or through the ports and there was hardly any smuggling of gold through the Airport, because of the stringent check by Customs, inspite of the lack of sophisticated equipments like baggage scanner or the body scanner etc.

Since the last 2 to 3 years, the flow of Gold from the middle east has increased manyfold as the margin between the Indian prices and that of the middle east has increased from a few thousand rupees to three lakhs for a kilo of Gold which is smuggled into India.

Whatever seizures are taking place, represents only the tip of the iceberg. Perception has changed – officers should deal with the passengers with respect without causing any inconvenience as far as bonafide passengers are concerned. Equally, it should be ensured that pax should be law-bound and submit their true declaration of the details of their baggage, without having to intimidate the officers either through threats, dropping names etc. The Airport is not meant to be a place for facilitation or for salutations...

In our country, we prefer our children to go abroad, especially USA or European countries, for higher studies or for employment. There the rules are very clear and is applied without any discriminations, irrespective of their positions or nationality. They do not even spare the premier of any country and if any complaints are received, they defend their actions stating that it is as per the rules and do not take cognizance of such complaints. The false complainants are also dealt severely, which is not followed in our country. Officers posted at the Airport barely dare to do their duty to prevent evasion and check smuggling activity etc. because of the “complaint phobia” that is currently the most favourite stick being wielded by the Administration against our officers.

If our officers are allowed to do their duty and are protected from false complaints, threat of suspension, mis-behaviour by the pax, we are sure that the actual smuggling of gold will come down and the image of our country and the reputation of our officers will become at par with other European countries (not asian countries). No one will dare to induce our officers, who will be duty bound, even as the systems/governments change and the office and the officers are not taken as granted. The airport should not be run on the basis of complaints received from the passengers but should be run on the basis of laws passed by the Parliament.

The maximum time of international passengers, after landing at any Indian airport, is the time spent clearing immigration formalities and not at Customs… How is it that the passengers are tolerant of the more time taken at Immigration, but not the time spent at Customs or is it that the Department in charge of Immigration do not take cognisance of frivolous complaints received…

For a more hilarious look at attitudinal issues of Indians, please click this link : http://epaperbeta.timesofindia.com/Article.aspx?eid=31821&articlexml=Terminally-ill-behaviour-27072016021022

The Commissioner of Customs (Airport), Mumbai, is under orders of transfer and in his place new Commissioner is likely to assume charge in the 1^st week of August-2016. CESA, Mumbai hopes that under her command the Customs officers will be motivated and regain their courage and strength and will prove that they are the best and tighten the noose on syndicates and lobbies working in Mumbai International Airport.

Lets hope for the best…

**************

ELEVEN YEARS AGO...

Mumbai continues to abuse the Mithi river and devour saltpans, mangroves to satiate real-estate frenzy. It was on this day July 26, in 2005, that a cloudburst brought the country’s financial capital to a standstill.  The three-day deluge and its aftermath claimed the lives of more than 500 people, damaged 20,000 cars, 2,500 buses and more than one lakh houses.

The worst affected: Localities around the Mithi river, especially those living at BandraKurla Complex and near the airport. Reason: The course of the river had been re-aligned twice at right angles to expand the runway. Eleven years later, there is no guarantee that the river, which originates at Sanjay Gandhi National Park (SGNP) and meets the sea at Mahim, won’t flood its surrounding areas again in case of heavy rainfall.

 

 

But what can be guaranteed is that 11 years later, no corrections have been made to the faulty urban planning and dilution of stringent rules. The areas still have encroachments running parallel to the river. The river, which was a natural drainage system during monsoon, has been reduced to a sewage carrier, with effluents from illegal settlements and industries flowing directly into the river.

Nearly Rs1,600 crore has been spent to desilt, widen and deepen the river. But the work is far from over. A retaining wall constructed in 2009 along the stretch has converted the river into a canal.

Even after the devastating floods, land-starved Mumbai has devoured mudflats, saltpans and mangroves to satiate its real estate frenzy. Environment clearance, coastal regulatory zone are still circumvented by builders to get the plans approved. Plans are afoot in the ambitious development plan 2034 to allow private developers to construct affordable housing on more than 13,000 hectares of No-Development Zone (NDZ) land and salt pans. Adding to the misery is the multi-authority involvement in rejuvenating the Mithi.

Of the 17.8 km stretch, 6km is handled by the MMRDA, while the rest is the Brihanmumbai Municipal Corporation’s (BMC) responsibility. But the division of work has not resulted in better coordination, just a war of words. At least four studies have concentrated on flood prevention and urban planning methods in Mumbai with scores of observation and recommendations and warnings, but another 26/7 deluge still remains a very real possibility.

 

Extacted from Hindustan Times, Mumbai Edition for 26-July-2016.

********************

SECRET PASSAGE...

 

SAD NEWS...

 

SUPDT. JACOB ABRAHAM

(28-Oct-1957 to 19-July-2016)

A sad news friends, Shri Jacob Abraham, Superintendent of Central Excise, is no more.

 

He was suffering from cancer and was admitted to the Lake Shore Hospital at Ernakulam, near Kochi, Kerala. He breathed his last at 9.45 pm yesterday. He is survived by his wife Sherly and 2 sons.

 

The funeral is scheduled for 11 am on Friday, the 22-July-2016, at Haripadd, near Allepuzha, Kerala.

He joined the Dept. as an UDC and rose up the ranks. Though he was, slim, not very tall, not a very muscular person and keeping a very low profile, but his network of informers & timely action made him one of the best "jaanbaaz" officers of Mumbai.

 

He has worked in almost all the other sister organisations of the Department, right from M&P wing, Enforcement Directorate and was one of the most successful officers in DRI, Mumbai.

He has filed the largest number of DRI-Is amongst the officers of the Department. 

When in DRI, in the follow-up action of an Ahmedabad DRI case involving forged DGFT licences for import of coal, he was the officer responsible for not only detaining Gautam Adani, but also arrested his brother Rajesh Adani, in the year 1994, inspite of contrary directions from the then Chairman, CBEC.

Some of his note-worthy cases were made against the MORE group, who were running the biggest racket of forged DGFT licences, in 1997-98. Another case in 2006 was of antiques smuggling, among many others including numerous cases of Red Sanders smuggling.

In recognition of his services to the Department, he was conferred with the Presidential Award for meritorious service.

Currently, he was on deputation to NIA, New Delhi.
 

May his soul rest in peace.

 

May the Almighty also grant the family strength and peace during this trying time.

 

************

DECISION... DETERMINATION...

The Board vide its letter dated 11-July-2016, have called for folders and integrity certificate and vigilance status etc., for holding of DPC, for promoting officers from Grp-B to Grp-A for the vacancy year 2014-15.  So far no date has been fixed for holding the DPC for the vacancy year 2015-16 and regularizations from temporary to permanent posts of more than 500 posts of Grp-A.

In Supreme Court, a contempt petition was filed (CP 314/2016) which may have triggered the issuance of the letter for holding of DPC by the Board. The tussle for reservations in promotions has not yet been resolved even after several judicial pronouncements. The Board comprising of several dynamic officers are not able to proceed in the matter after the tongue-lashing given to them by the Committee. It is expected that law should prevail and the authorities should have the courage to prevail upon their detractors. Their office should not be burdened with a large number of vacancies, in spite of having officers who are eligible for promotions, even though it is at the fag end of their career.

Those who dare, their names will be written in history, and those who do not, will not even be found in the archives of history.

A desire changes nothing, a decision changes something, but determination changes everything.

*******************

सुकून की यादों में...

खवाहिश नही मुझे मशहुर होने की
आप मुझे पहचानते हो बस इतना ही काफी है
अच्छे ने अच्छा और बुरे ने बुरा जाना मुझे
क्यों की जिसकी जितनी जरुरत थी
उसने उतना ही पहचाना मुझे !!

ज़िन्दगी का फ़लसफ़ा भी कितना अजीब है,
शामें कटती नहीं, और साल गुज़रते चले जा रहे हैं !!

एक अजीब सी दौड़ है ये ज़िन्दगी
जीत जाओ तो कई अपने पीछे छूट जाते हैं,
और हार जाओ तो अपने ही पीछे छोड़ जाते हैं !!

बैठ जाता हूं मिट्टी पे अक्सर...
क्योंकि मुझे अपनी औकात अच्छी लगती है !!

मैंने समंदर से सीखा है जीने का सलीक़ा,
चुपचाप से बहना और अपनी मौज में रहना !!

ऐसा नहीं है कि मुझमें कोई ऐब नहीं है
पर सच कहता हूँ मुझमे कोई फरेब नहीं है !!

जल जाते हैं मेरे अंदाज़ से मेरे दुश्मन
क्यूंकि
एक मुद्दत से मैंने
न मोहब्बत बदली और न दोस्त बदले !!.

एक घड़ी ख़रीदकर हाथ मे क्या बाँध ली 
वक़्त पीछे ही पड़ गया मेरे !!

सोचा था घर बना कर बैठुंगा सुकून से..
पर घर की ज़रूरतों ने मुसाफ़िर बना डाला !!!

सुकून की बात मत कर ऐ ग़ालिब....
बचपन वाला इतवार अब नहीं आता !!

जीवन की भाग-दौड़ में -
क्यूँ वक़्त के साथ रंगत खो जाती है ?
हँसती-खेलती ज़िन्दगी भी आम हो जाती है..
एक सवेरा था जब हँस कर उठते थे हम
और आज कई बार
बिना मुस्कुराये ही शाम हो जाती है !!

कितने दूर निकल गए,
रिश्तो को निभाते निभाते..
खुद को खो दिया हमने,
अपनों को पाते पाते..

लोग कहते है हम मुस्कुराते बहोत है,
और हम थक गए दर्द छुपाते छुपाते..

खुश हूँ और सबको खुश रखता हूँ,
लापरवाह हूँ फिर भी सबकी परवाह करता हूँ..

मालूम है कोई मोल नहीं मेरा,
फिर भी,
कुछ अनमोल लोगो से रिश्ता रखता हूँ !!

************

MODIFIED TRANSFER & POSTING POLICY...

 

                                                                        F.No. II/3-7/Admn/CCO/MCX-I/2015/2169

                                                                        Mumbai, the 11^th July, 2016.

To,

The Principal Commissioner / Commissioner,

Central Excise,

Mumbai-I/II/III/IV/Thane-I/II/Raigad/Belapur/

Appeals-I/II/CX-Audit-I/II/LTU/LTU-Audit, Mumbai.

The Principal Commissioner / Commissioner,

Service Tax-I/II/III/IV/V/VI/VII/

Appeals-I/II/Audit-I/II/III, Mumbai.

The Principal Commissioner / Commissioner,

Central Excise,

Pune-I/II/III/IV/Goa/Kolhapur/

Audit-I/II/Appeals-I/II-Pune/S.Tax, Pune/ Audit (ST) Pune/Appeal-ST, Pune

Nashik-I/II/Aurangabad/Wardha/Audit-II, Nagpur.

 

Madam/Sir, 

Sub:- Modified Transfer/Placement Policy Guidelines, 2016  for

         Group ‘B’ Gazetted and Non-Gazetted Executive Officers in

         the Mumbai Central Excise Cadre – reg. 

The Chief Commissioner of Central Excise, Mumbai Zone-I & Zone-II and the Chief Commissioner, Service Tax Zone, Mumbai have approved amendment to the  ModifiedTransfer/Placement Policy Guidelines, 2015  for  Group ‘B’ Gazetted and Non-GazettedExecutive Officers in the Mumbai Central Excise Cadre resulting in the revised Transfer/Placement Policy.  The same shall be  named as Transfer/Placement Policy Guidelines, 2016  for Group ‘B’ Gazetted and Non-Gazetted Executive Officers in the Mumbai Central Excise Cadre. 

2.         A copy of the same is enclosed herewith for record and guidance.  The said policy guidelines have also been uploaded in the Central Excise Mumbai-I’s official website www.mumbaicentralexcisecbec.gov.in

3.         The Chief Commissioner, Central Excise, Mumbai Zone-I desires that the guidelines prescribed therein shall be implemented strictly and expeditiously.

4.         Difficulties faced, if any, in the implementation of the said policy may please be brought to the notice of this office.

Yours faithfully,

Sd/-11.07.2016

(DILIP GOYAL)

                                                                      ADDL. COMMISSIONER (CCO) 

Transfer/Placement Policy Guidelines, 2016

 for Group ‘B’ Gazetted and Non-Gazetted Executive Officers

in the Mumbai Central Excise Cadre.

 

1.     APPLICABILITY 

1.1  The Mumbai Central Excise Cadre Control covers the geographical area and posts under the jurisdiction of the Central Excise Zones-I and II, Mumbai (including Large Taxpayer Unit (LTU)/ LTU Audit), Service Tax Zone, Mumbai, Pune Zone, Central Excise Commissionerates of Nasik and Aurangabad, Nagpur Zone, and the Audit-II Commissionerate of Nagpur Zone.  

         1.2  The guidelines contained in this policy shall apply, in toto, to the officers posted in all the Commissionerates of Central Excise Mumbai Zone-I (including Large Taxpayer Unit (LTU)/ LTU Audit), Mumbai Zone - II and Service Tax Zone, Mumbai.  It also applies to officers of the above said cadre and posted in all the Commissionerates of Pune Zone, the Central Excise Commissionerates of Aurangabad and Nasik in Nagpur Zone, and Audit-II Commissionerate of Nagpur Zone, in so far as it relates to them as explained herein. 

        1.3  This policy also applies to the officers posted to Directorate General of Service Tax Mumbai, DGTS Mumbai, Appeals (Central Excise and Service Tax) and Marine & Preventive Wing of Customs (Preventive) Commissionerate, Mumbai. 

        1.4    This policy also seeks to manage/facilitate placement of officers of the cadre controlling zone on deputation/transfer on loan basis to various other Directorates and formations of CBEC such as DRI, DGCEI, DG Valuation, DG Audit, NACEN etc. in Mumbai. 

        1.5    The instructions contained in this policy will supersede all the guidelines issued in the past, in so far as it relates to transfer and posting of officers in the cadre of Group ‘B’ Gazetted and Non-Gazetted Executive Officers. 

        1.6   This policy will be subject to the instructions/guidelines issued/to be issued from time to time by the CBEC and the Department of Personnel, Government of^. India.

 

          2.      AIMS OF THE POLICY  

         2.1   The aim of this transfer and posting policy is to lay down standard norms with a view to provide objectivity and transparency in posting and transfers of officers and to improve efficiency of  administration. 

        2.2   The policy also seeks to ensure that subject to administrative exigencies the guidelines issued by the Government with reference to the special requirements of women officers and also to ensure that compassionate cases are treated deservingly.

 

        3.      GENERAL GUIDELINES 

       3.1 The Cadre Controlling Authority in respect of Group 'B' Gazetted and Non-
Gazetted Executive Officers in the Mumbai Central Excise Cadre is the Chief Commissioner of Central Excise, Mumbai Zone-I. 

        3.2    All transfers and postings of officers from one Zone to another Zone within the Mumbai Central Excise Cadre Control, and to LTU/LTU (Audit) shall be effected only with the approval of the Chief Commissioner of Central Excise, Mumbai Zone-I. 

         3.3  The annual Inter-Zonal Transfer (IZT) shall be done by the Chief Commissioner of Central Excise, Mumbai Zone-I. The IZT should normally be completed by the 30^th of April every year. For calculating tenure of an officer in a Zone/Comm’te, the tenure shall be computed on ‘Order-to-Order’ basis rather than a particular month/date of a year with a grace period of 2 months. 

         3.4   Transfers and Posting of officers to the Commissionerates within each Zone of Mumbai Central Excise Cadre Control shall be done by the  Chief Commissioner of the respective Zone. The annual Inter Commissionerate Transfer (ICT) should normally be completed by the 30^th of May every year. 

         3.5    For the sole purpose of this policy, the geographical area under the jurisdiction of Mumbai CX Zones-I and II, and Service Tax Zone, Mumbai, shall be treated as a single station, i.e., Mumbai.  

        3.6  Subject to administrative exigencies and with the exception of cases on compassionate grounds, officers on promotion shall, ordinarily be transferred out of the Commissionerates in which they are working at the time of promotion. 

        3.7     The Establishment Branch of the Cadre Controlling Cell in the office of the Chief Commissioner, Central Excise Zone-I, Mumbai shall ensure that the database containing the profiles/history of posting of all officers is maintained and regularly updated. 

        3.8   Whenever vacancies exist in a particular cadre under Mumbai Central Excise Cadre Control, these vacancies will be apportioned to each Zone/Commissionerate and other offices of CBEC as well as M&P and LTU within the Cadre Control on a pro-rata basis, and postings of officers to each Zone/Commissionerate and other offices will be made accordingly.

 

4.         GUIDELINES ON INTER ZONAL TRANSFER WITHIN MUMBAI                   

        4.1  The provisions of this clause shall apply to the officers working in Mumbai Central Excise, Zones-I and II, and Service Tax Zone, Mumbai. 

        4.2  The tenure of an officer in a Central Excise/Service Tax Zone will be for a period of 5 years. 

 

4.3       An officer who has completed his tenure in a Central Excise Zone will be transferred to the Service Tax Zone and vice-versa, and on completion should be rotated as shown below :-

A->B->C  or   C->B->A

where B stands for Mumbai Service Tax Zone and

A & C stands for Central Excise Zone-I & II respectively. 

Exceptions to the above may be considered by the Administration as per exigencies.

 

        5.     GUIDELINES FOR INTER-COMMISSIONERATE TRANSFER WITHIN MUMBAI CX ZONES I & II, SERVICE TAX ZONE  

        5.1    Inter-Commissionerate Transfer (ICT) of officers should be effected annually in Mumbai Central Excise Zones-I and II, and Service Tax Zone by the respective Chief Commissioners of the Zones. In the ICT, an officer can be transferred to any Commissionerate within that Zone. 

5.2       In view of the Department moving towards an Audit based control, the normal tenure of an officer posted to any Audit Commissionerate (Central Excise Audit or Service Tax Audit) shall be three years and the posting in LTU-Audit will be two years, subject to administrative exigencies. 

         5.3 :

a)    The normal tenure of an officer in a Commissionerate shall be three years. In HQ / Divisions / Ranges – each posting shall be for a period of one year, except in the case of officers posted to Anti-Evasion/Preventive, where the tenure shall be of maximum two years. However, exception may be considered by the Pr. Commissioner/Commissioner as per requirement.

b)    In respect of Service Tax Executive Commissionerates, the postings in  Range/Group and Anti Evasion section, the maximum tenure of the officer shall be two years.  However, based on the administrative requirement, the officer in Anti Evasion section may continue for more than two years, maximum upto three years with prior approval of the Chief Commissioner. In respect of all other sections the normal tenure shall be for one year only.

c)    The tenure of officers in Central Excise and Service Tax Audit Commissionerates shall be 2 years in group and one year in Circle HQ / Commissionerate HQ. However, exception may be considered by the Pr. Commissioner/Commissioner as per requirement.

d)    In LTU Mumbai the officers posted in Hqrs and GLT shall be rotated on a yearly basis. In LTU audit rotation shall be carried out annually. However, based on administrative requirements, Pr. Commissioner/Commissioner, LTU / LTU-Audit may allow the officer to continue in a GLT / Group for more than one year. 

5.4       The normal tenure in Chief Commissioner’s Office shall be of one year, which may be extended as per the requirement of the concerned Chief Commissioner/Administration.  This posting will be treated as non-sensitive. Normally, the tenure in Chief Commissioner’s Office shall  be included in the zonal tenure. However, based on the administrative exigencies, the Chief Commissioner may exclude it from the zonal tenure of the officer.

 

        6.       GENERAL GUIDELINES FOR COMPUTING TENURE IN A ZONE / COMMISSIONERATE 

        6.1  While computing the afore-said tenure and for period of cumulative stay in a Zone/Commissionerate the tenure of service by an officer in the cadres of Gr. B Gazetted and Non-Gazetted in a Zone/Commissionerate at a stretch in one cadre shall be considered. 

        6.2       While computing the afore-said tenure at a stretch in one cadre, the tenure will be counted irrespective of the present and erstwhile formations of Service Tax. 

        6.3    While computing the afore-said tenure and/or period of cumulative stay in a Zone/Commissionerate the tenure of service of an officer in M & P Wing of the Customs (Preventive) Commissionerate/Deputation and other posting on loan basis shall not be counted.  

        6.4       While computing the aforesaid tenure and/or period of cumulative stay in a Zone/Commissionerate, the period served under suspension, if any, by the officer shall not be counted.

        

       7.         TRANSFER/POSTING TO LARGE TAX-PAYER UNIT(LTU)/LTU-AUDIT 

7.1  The cadre-control cell of the Cadre Controlling Authority will maintain a common seniority list consisting of all officers of Mumbai Central Excise Cadre Control (excluding officers posted in Pune Zone and Nagpur Zone), separately for Superintendents and Inspectors, for the purpose of posting to LTU/LTU Audit, Mumbai. The subject Roster/Seniority List shall be circulated to all the Commissionerates every quarter. 

7.2  Officers will be posted to LTU/LTU-Audit based on their seniority in this list, irrespective of where they are posted when they are due for transfer to LTU/LTU Audit. However, officers working in M&P and Pune postings will be posted only after completion of their tenure. 

        7.3    Postings in LTU/ LTU-Audit, Mumbai, will not be treated as a posting in any of the Central Excise Zones in Mumbai, or Service Tax Zone. The tenure in LTU/LTU Audit will therefore not be counted towards tenure in any other Zone. 

7.4       The tenure of posting of officers to LTU and LTU-Audit shall be two years. While computing the aforesaid tenure, leave period in excess of total of 60 days excluding CL during the period of service in LTU shall not be counted.  

7.5   An officer who was posted to LTU/LTU-Audit from a Central Excise / Service Tax Zone should, after completion of tenure in LTU/LTU-Audit, be posted back to the same Zone from where the officer was posted to LTU/LTU-Audit, to complete the Zonal tenure. 

        7.6    Officers in the grade of Superintendent shall be selected for posting to LTU by applying the following criteria sequentially:-

i.  Superintendents who have not worked in LTU in the grade of Inspector or Superintendent shall be posted to LTU.

ii. Taking into consideration the health issues of officers, the upper age limit for posting of Superintendent and Inspector to M&P Wing/LTU/LTU-Audit/Pune shall be 56 years at the time of issue of order. 

7.7   The officers in the grade of Inspector with minimum service of three years in the grade alone shall be considered for posting to LTU. 

7.8  Notwithstanding the guidelines as above, officers on promotion may be considered for transfer and posting to LTU in terms of the guidelines detailed in clause 9 hereunder.  

7.9  Officers working in LTU/LTU Audit will not be transferred to M&P Wing during their tenure in LTU/LTU Audit. However, on completion of their tenure in LTU/LTU Audit, they may be posted to M&P Wing as per their seniority in the roster.

 

8.    TRANSFER/POSTING TO MARINE & PREVENTIVE WING  

8.1  The cadre-control cell of the Cadre Controlling Authority will maintain a common seniority list consisting of all officers of Mumbai Central Excise Cadre Control (excluding officers posted in Pune Zone and Nagpur Zone), separately for Superintendents and Inspectors, for the purpose of posting to M&P Wing of Customs (Preventive) Commissionerate, Mumbai. The Seniority List will be communicated to all the Commissionerates every quarter. 

8.2  Officers will be posted to M&P Wing based on their seniority in this list, irrespective of where they are posted when they are due for transfer to M&P Wing. However, officers working in LTU/LTU-Audit when they become due for posting to M&P Wing will be posted only after completion of their tenure in LTU/LTU Audit.   

8.3  Postings to M&P Wing will be issued by the Cadre Controlling Authority. 

8.4  The tenure of posting in M&P Wing shall be for a period of two years. 

8.5  While computing the afore-said tenure in M&P Wing, the period of total leave (other than C.L.) in excess of 60 days shall not be counted.  

8.6  The upper age limit for posting of Superintendents and Inspectors to M&P Wing shall be 56 years at the time of order. 

8.7  The officers in the grade of Superintendent shall be selected for posting to M&P Wing by applying the following criteria sequentially:-

(i)            Officers who have not worked in M&P Wing in the grade of Inspector or Superintendent shall be posted to M&P.

(ii)          In case sufficient number of officers is not available as above at (i),  officers who have already worked for period less than one year in  M&P Wing shall be posted.

(iii)         In case sufficient number of ^-officers are not available as above at (i) and (ii), officers who have already worked as Inspectors in M&P Wing for a period of upto one year shall be posted. 

8.8   The number of lady officers posted at any given point of time to M&P Wing shall not exceed 1/3^rd of the total officers posted to M&P Wing at that point of time. 

8.9  Keeping in view the nature of work in M&P Wing, no officer recruited against the quota of physically challenged persons shall be posted, unless such officer has expressed his/her willingness in writing. 

8.10   Officers against whom vigilance cases involving impingement of integrity shall not be posted to M&P. However, there shall not be any bar on the posting of officers to M&P Wing if the proceedings initiated against an officer are in the nature of administrative action without any allegations on their integrity. At the time of posting of such officers to M&P Wing, the Pr. Commissioner/Commissioner of Customs (Prev.) Mumbai may be informed of^- the fact of pending vigilance enquiry. 

8.11  On repatriation from M&P Wing, officers will as far as possible, be posted to the same Zone from which they were posted to M&P Wing.

 

        9.     POSTING OF OFFICERS ON PROMOTION  

        9.1  The officers working in a Commissionerate on promotion from Group ‘B’ Non‑Gazetted to Gazetted cadre shall, normally, be transferred out of the Commissionerate. 

       9.2   If the vacancies in the post of Superintendent necessitate that officers are posted out of Mumbai on promotion to Superintendent, they will be posted out to Pune Zone or to Nasik/Aurangabad/Nagpur-II Audit Commissionerate. 

       9.3  For the purposes of selecting officers, on promotion being posted to the Zones outside Mumbai, a separate roster containing the names of all the officers promoted shall be maintained and the junior-most officers in the said roster will be posted outside Mumbai by the Cadre Controlling Authority. 

       9.4  The minimum tenure of an officer posted from Mumbai Central Excise Zone-I/II or Service Tax Zone to Pune Zone or Nasik/Aurangabad/Nagpur-II Audit Commissionerate shall be one year. 

       9.5  While computing the afore-said tenure of one year the period of total leave (other than C.L.) in excess of 30 days shall not be counted towards tenure. 

        9.6    An officer who has not been transferred out of Mumbai as above on account of any grounds shall continue to remain in the list of officers due for transfer out of Mumbai, in the roster and will be considered for transfer out as and when those grounds no more exist.  

        9.7    On repatriation of such officers who have completed the specified tenure or in case of those officers who are repatriated pre-maturely, the next junior in the roster, irrespective of the fact that he had been promoted in an earlier order, shall be transferred out to the Zones out of Mumbai.  

        9.8   On repatriation officers shall normally be posted back to the Zone from which they were transferred out of Mumbai.  

 

       10.  DEPUTATION OF OFFICERS TO OTHER ORGANIZATIONS/POSTING ON LOAN BASIS TO OTHER OFFICES  

         10.1  Cadre clearance for deputation to offices under the CBEC/outside organizations shall be  through Cadre Controlling Authority. Requests for extension in tenure (One year) on deputation will  be decided by the Chief Commissioner of the Zone.  

        10.2  The officers on repatriation from the deputation posts shall report to the Chief Commissioner’s Office, (Cadre Controlling Authority).          

10.3    The officers shall be posted on loan basis initially for one year (except to DRI/DGCEI), which shall be further extended, on yearly basis, if needed, with due concurrence from the CCA.  In case of posting of officers on loan basis to DRI/DGCEI, the officers shall be posted, on loan basis, initially for two years, which shall be further extended for one year, at a time, if needed, with due concurrence from the CCA.

10.4    Officers who are posted in M&P, LTU, LTU-Audit can give their willingness to work on deputation basis in all investigation agencies such as DRI/DGCEI/Airport/CBI/Enforcement Directorate etc. (sensitive postings) and which will be considered by the Administration.  On return from deputation, the officer should be posted back to the parent formation to complete the tenure in the formation where he was posted prior to going on deputation.

 

         11.     GENERAL GUIDELINES ON TRANSFER / POSTING OF OFFICERS IN COMMISSIONERATES  

         11.1    Subject to administrative exigencies and the approval of the Zonal Chief Commissioner, the tenure of an officer in a post categorized as sensitive shall not, ordinarily exceed a period of two years.  

         11.2     Officers shall, as far as possible, be rotated between posts categorized as sensitive and non-sensitive. However, in case sufficient number of officers are not available due to administrative/vigilance reasons, for being posted to sensitive charges, officers may be considered for being posted from one sensitive charge to another sensitive charge with the approval of Zonal Chief Commissioner. 

         11.3   Officers should be rotated between the Headquarters/Division/Ranges so that all officers have the experience of working in the field/headquarters within a Commissionerate.

 

         12.    MISCELLANEOUS  

         12.1     Officers having, less than two years of service before retirement on superannuation may be considered, as far as possible, for being posted to a Commissionerate near to residence subject to administrative exigencies. 

         12.2     In the case of requests for retention in a particular station/formation within the Zone on the ground that his/her child is studying in Class-X or Class-XII, the Chief Commissioner may consider such requests subject to administrative exigencies only if the officer is considered for posting outside Mumbai.  

      12.3 Notwithstanding, anything contained in this policy, Cadre Controlling Chief Commissioner, the Zonal/Jurisdictional Chief Commissioner or Principal Commissioner/Commissioner may, if necessary in public interest and/or in view of administrative exigencies, transfer and post any officer to any post within his competency. 

12.4  No government servant shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his/her interest in respect of matters pertaining to his/her transfer or posting. Violation of above provisions amounts to misconduct as per the CCS (Conduct) Rules and the Government servant shall be liable to be proceeded against accordingly. 

12.5    The History of Postings (HoP) & all other personal data of all officers covered by this policy are to be maintained through the online version of the GEMS Salary software, so that there is seamless movement of the officers on transfer to other zones/formations. 

12.6    All grievances arising out of the implementation of this policy may be addressed to the Cadre Controlling Authority.

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