Inter-Commissionerate transfer of Central Excise Inspector - CBEC directed to consider request: CAT
THE applicant, who is working as Inspector in Central Excise and Customs and Services Tax at Surat under Vadodara Zone, filed an Application before the CAT seeking a direction to the respondents (CBEC) to consider his case for transfer to Delhi Zone where his wife is working, by way of an Inter-Commissionerate Transfer from Vadodara Zone to Delhi Zone.
The respondents rejected the request of the applicant, on the sole ground that he has not yet completed the probation, without reference to his difficulties.
As per the Guidelines dated 27.03.2009, inter-commissionerate transfers are permitted only in cases where the spouse is a Government/PSU employee and the request for transfer is made within six months of appointment or marriage.
The applicant satisfied the conditions. He joined the Department on 15.02.2011 and submitted his request on 09.03.2011.
The Guidelines were modified on 27.10.2011 and under the modified instructions, 'Under no circumstances, request for ICT should be entertained till the officer appointed in a particular Commissionerate /post completes the prescribed probation period'
The Inspector's request dated 9.3.2011 was forwarded by the Chief Commissioner to the Board only on 25.10.2011 (after 7 months) and received by the Board on 3.11.2011, by which time the new guidelines have come into force. The Rule-bound babus rejected his request as per the new guidelines!
Strangely, it seems some other applicants whose case was identical to the applicant, were given transfer, relaxing the condition.
Since, now it is held that the said condition can be relaxed in individual cases, keeping in view the difficulties of the employees involved, the CAT directed the Board to consider the case of the applicant afresh, for Inter Commissionerate Transfer, if necessary, by relaxing the condition regarding completion of probation period, as expeditiously as possible.
It is the Government's avowed policy to keep husband and wife together. Those who were united by God should not be separated by babus.
Why should they harass their own employees? Heavens are not going to fall if an inspector is transferred out, because he wants to be with his spouse! This is his second trip to the Tribunal - maybe he will have to make one more. Just because you love litigation, should it be directed against even your low placed subordinates? When will we have concerned officers instead of officers concerned with nitpicking and hair-splitting interpretation of rules?