CITs challenge Transfer Orders - CAT wants Board to Consider Representation
TRANSFER is the most harrowing experience for a babu and somehow the Administration ensures that by and large officers are not posted to their choice places. Almost everybody has a grouse that their genuine requests are not considered by the Big babus who also faced similar problems in their younger days. On 4th September, the CBDT transferred 295 Commissioners after an extensive homework by the Full Board. On 5th September, FOUR Commissioners sent in their representations against their transfers and immediately approached the Central Administrative Tribunal (CAT).
In one case, the Commissioner pleaded that he had not completed he mandatory period of 14 years of stay at a stretch in Delhi and, therefore, he is not due for transfer out of Delhi as provided in the transfer policy of Indian Revenue Services. The CAT directed the Placement Committee to consider his application and pass a reasoned order and till such time the transfer order shall not be given effect to.
In another case, a Commissioner represented against the transfer on the grounds that he is due for retirement in the year 2013, his son is studying in Class - 10th and also on the medical ground that he is undergoing treatment for a considerable period. He submits that as per Para 3.5 of "Transfer/Placement Guidelines for Officers of the Indian Revenue Service, Central Board of direct Taxes 2010" officers who have 3 years or less service left shall be posted to the station/region of their choice to the extent possible.
The CAT passed a similar order in his case also.