INCOME TAX EMPLOYEES FEDERATION,
A/2/95, Rajouri Garden,
New Delhi 110 027
Telephone No : 2510 5324 Telefax 2513 1593
Circular No.27 Dated: 8th May, 2010
Placement committee for transfer
During the meeting of the Sectt. Of the ITEF which was held at New Delhi on 7th May, 2010, it was brought to the notice by some comrades, that the Board had recently issued a letter to all Chief Commissioners of Income tax, directing them to constitute a local placement committee and effect transfers of all employees and officers in their respective charge only on the recommendation made by the said committee. We reproduce the relevant paragraphs from the letter in F.No. 35015/20/2010-Ad. VI dated 5th May, 2010.
"2. It has been brought to the notice of the Board that some of the CCsIT (CCA) are not convening the local placement Committee meetings for transfer/posting of ITOs and Ministerial Staff and unilaterally passing orders without involving the members."
3. This practice of issuing orders unilaterally without following the requisite procedure is irregular and should be avoided at all costs. It is hereby reiterated that henceforth the provisions relating to Local Placement committee contained in para 2.2. of the Transfer/Placement guidelines for officers of the Indian Revenue Service, CBDT, 2010 should be strictly adhered to.
We find that the letter issued by the Board in this regard is not only irregular but contrary to the extant orders/instruction in the matter. The reference to the Placement committee is only made in the transfer guidelines of IRS Officers. Such a requisition has not been made in the case of transfer guidelines issued by the Board in respect of Ministerial Staff and Income tax Officers. It could be seen from the letter of the Board (the full text of which is given hereunder), the reference has been made to Para 2.2. of the Transfer/Placement Guidelines for officers of the Indian Revenue Service, CBDT, 2010 dated 16.02.2010
The meeting, in the circumstances decided to take up the matter with the Board for withdrawal of the said communication or modification thereof. We enclose herewith a copy of our communication sent to the Board in this regard. The issue has been brought to the notice of the Chairman and the Member (Personnel) when the ITEF representatives called on them today. A copy of our communication has also been endorsed to the DG (HRD) requesting him to take up the matter with the Board as the transfer guidelines for IRS officers had been finalized by his office.
We have also been informed by many affiliates that after the issuance of the above cited instructions by the Board, the AGT orders have been put on hold and in some cases had to be modified to accommodate the views of the Placement Committee members. We are of the considered opinion that the present instruction of the Board would create unnecessary and insurmountable difficulties in the field formations especially in the matter of promotion/transfer etc. It would not be possible to have any meaningful negotiation with the Chief Commissioner of Income tax (CCA) on this vital issue.
It is, therefore, necessary that this issue should merit pursuance through agitations and suggest that all Circles should organize protest demonstration immediately on receipt of this communication and send the following resolution by fax to the Chairman, CBDT.
This meeting of the members of the ITEF/ITGOA jointly held on………….resolves to request the Chairman, CBDT to ensure that the letter issued by the Board under F.No. 35015/20/2010-Ad.vi. dated 5th May, 2010 is immediately withdrawn.
We have been informed by Com. Shanthi Kumar, President ITGOA that he has written to the Chairman almost on the same lines and has demanded withdrawal of the said letter.(A copy of his letter has been endorsed to us). We have also requested Com. Rajesh Menon, Secretary General to kindly advise his State Secretaries to explore the possibility of holding joint protest demonstration as is convenient to all concerned.
We, therefore, request you to kindly get in touch with the State Secretaries of ITGOA and organize the demonstration jointly
Trade Union class for functionaries.
Please recall the decision taken in the XXVII All India Conference held at Mumbai that the ITEF Chq. May take necessary staps to organize Trade Union Classes to the functionaries of our movement in Circle and branch levels. It was also decided that the classes must be held together for atleast two Circles so that there will be some useful interaction between the comrades of different charges. Accordingly, Tamilnadu Circle of ITEF has taken the initiative to organize a two day Trade Union Educational Seminar for the functionaries of ITEF of Tamilnadu & Kerala Charges. The Seminar will be held at Coimbatore on 21st and 22nd May, 2010.
It is requested that all circles should take necessary steps to organize such class. The Chq has prepared a model topics, faculty and programme for the Coimbatore seminar. On the basis of the experience we gain from the Coimbatore Seminar, we shall prepare the programme for each two circles in consultation with all concerned in due course.
(Ashok B Salunkhe)
Copy of letter of Board's F.No. 35015/20/2010 ad. VI. Dated 5th May, 2010 Addressed to All Chief Commissioner of Income tax (CCA),
Sub: Transfer guidelines of Local Placement Committee- Regarding-
I am directed to invite your attention to para 2.2 of the transfer/placement Guidelines for Officers of the Indian Revenue Service, CBDT, 2010 dated 16.02.2010, which is reproduced below:
i) In each region under a cadre controlling Chief Commissioner of Incometax, ther shall be a local Placement Committee consisting of:
a) Cadre Controlling Chief Commissioner of Income Tax,
b) DGIT (Inv.) and
c) The senior most Chief Commissioner whose jurisdiction falls within the region of the Cadre Controlling CCIT in respect of CCIT Regions at stations listyed in 43(i)(a); and all the other Chief Commissioners in case of other regions.
ii) The local Placement Committee will consider the intra-region transfers of Officers below the rank of Commissioner. All postings by the Local Placement Committee will be in accordance with the provisions of these guidelines.
2.It has been brought to the notice of the Board that some of the CCsIT(CCA) are not convening the Local Placement Committee meetings for transfer/postings of ITOs and ministerial staff and unilaterally passing orders without involving the Members.
3. This practice of issuing orders unilaterally without following the requisite procedure is irregular and should be avoided at all costs. It is hereby reiterated that henceforth the provisions relating to Local Placement Committee contained in para 2.2. of the Transfer/Placement guidelines for Officers of the Indian Revenue Service, CBDT, 2010 should be strictly adhered to.
Deputy Secretary to Govt. of India.
Copy of ITEF letter in N-1/2010 dated 8th May, 2010 addressed to the Chairman, CBDT.
Shri S.S.N.Moorthy,Chairman,Central Board of Direct Taxes,
North Block,New Delhi-110 001.
Sub: Transfer/Placement- Guidelines for Local Placement Committee-
Ref: Board's F.No. 35015/20/2010-Ad.VI dated 5th May, 2010-
We solicit your kind reference to the Board's letter cited. We have on a number of occasions brought to the notice of the Board the difficulties our members face due to the procedures contained in the said instructions. We have also pleaded for not extending the said Transfer/Placement Guidelines (primarily envisaged for the transfer/placement of Officers) to the transfer and postings of Group C and D Staff members. The Transfer norms for Group C & D were approved by the Board way back in the year 1979. Taking into consideration the specific requirement of each state/circles, the transfer norms for Group C & D are discussed at the Regional JCM and finalized on mutual agreement. It has been reported to us from many Charges that due to the interference of the Placement Committee every time a transfer is required to be made, insurmountable difficulties have been caused in the smooth functioning of the administration as also to the staff members, besides causing unavoidable delay in promotion postings etc. We therefore, request you to kindly withdraw the above instructions and restore the procedure of Transfer/Placement of Group C & D Staff members as per the transfer guidelines issued with the necessary modification agreed upon in the respective RJCM. Or in the alternative, we suggest the following modification to the said instructions contained in the letter cited.
1. The Local Placement Committee's role must be limited to Annual General Transfer only, as for the present arrangement of seeking approval of the placement Committee for even a single person's placement on promotion is creating unnecessary delay in promotions and placements.
2. The Placement Committee must be headed by the CCIT(CCA) with whom the transfer norms/procedures are discussed and finalized.
3. The Placement Committee must not be entrusted with the authority to deviate from the existing transfer policy evolved on mutual agreement.
We request for an immediate intervention in the matter as the AGT in many charges have been held up in the wake of the issuance of the above instructions.……………………