TRANSFER POLICY IN RESPECT OF REGISTRY OFFICERS AND STAFF OF INCOME TAX APPELLATE TRIBUNAL arent athe aafreaet an S eae ye" v pr 4\ Amb AMornbd at etm)PELLATE, AL. No. F.48- Ad(AT)/2011 Dated the 29" April, 2011 1. SCOPE ‘ ‘The Transfer Policy would cover Groups ‘A’, ‘B’, °C’ and ‘D’ Registry officers and officials of the Income Tax Appellate Tribunal. @ Punpose © ‘The purpose of this Policy is to provide guidelines and procedure for effecting and implementing the transfers of Registry Officers/ Officials from one station to another, ordered cither in the exigencies of administration or at their own request. 3. OBJECTIVES OF THE POLICY. 31 All the officers/ officials of the Income Tax’ Appellate Tribunal are liable to be transferred and posted anywhere in India, ot any time, and for any period, as requirements of public service and of the Income Tax Appellate Tribunal may dictate, Transfers and postings are aright of the Income Tax Appellate Tribunal, which, it would endeavour to exercise in the best interests of the administration, with due regard to the principles of equity and transparency vis-a-vis its employees. 3.2 These guidelines regarding transfers are meant essentially for the internal use of the Tncome Tax Appellate Tribunal and do not vest any employee with any right.2 2 t 3.3. The Transfer Policy would inter alia serve to fulfill the following objectives :- a Gi) Gi) Gy) ” ‘To distribute the available manpower, as per workload, at the various ‘Benches of the Income Tax Appellate Tribunal. ‘To provide opportunities to work in different disciplines. To obviate monotony and to maintain desired level of efficiency. To fulfill the needs of employees nearing retirement for possible placement close to their hometown or 2 location of their choice. ‘To maximize the overall satisfaction level of its employees, subject always to the paramount need to protect administmtive efficiency of the organization. @ NEED FOR TRANSFER ‘Transfer can be effected on any of the following grounds :- @ @ ‘To fill up vacancies arising on account of promotions, creation of posts or retirements. For sharing of shortage, gainful deployment of surplus staff and also for meeting urgent staff requirements at stations having considerably higher pendency. For meeting personal request. ‘On disciplinary grounds, if his/her continuance at the Bench(es)/ Station shall be detrimental to discipline in the organization.N o For adherence to Government guidelines/ instructions! rulings (as ‘amended from time to time) concerning: 2) Posting of husband/ wife working together at same location. b) _Anyother category covered under: relevant rules. Notwithstanding what has been stated above, a2 employee may be transfered in exigencies of administration and/ or in public interest. 5. BASIC PRINCIPLES oe 5.1 Locally recruited Group ‘D’ employees would normally not be transferred except:- @ _ onpromotion, or @)—_omrequest, or Gi) inexigencies of administration 52 ssa general ral, an officer oficial shall nthe taafered fom one sation o aot, 52 iste same Zone oro anor Zone unless else has compltd fie yess of vie at the present station, —ee « 53 Te ve years service condition atx sation may, esrving eases, relax wit he approval of the Pred 5.4 Anemployee, transferred from one station to another, will not have any claim to go back ‘to bis/ her old station before completion of five years of service at the new station.5.5 To the extent possible, redeployments to a different location would be synchronized with the end of the academic year so that the education of employees’ children does not suffer. 5.6 When the question of transfer is considered, as a normal rule, a person with the longest stay at the station, should ordinarily be transferred first. 5.7 Six months before’ expiry of normal tenure of posting at a station, an employee may indicate his choice of minimum of three different stations where he would like to be preferably posted and such option may be taken into cousideration before his next posting is decided. 5.8 Transfer Policy, as annunciated herein, should be implemented as objectively as possible. If any exception is required to be made, it should be made with the approval of the President of seneome ‘Tax Appellate Tribunal. 59 In respect of matters which are not specifically covered in these rules, the Central Govt. rules, shall be followed. 6:1 The general transfers shall commence in the 1* weck of April, cach year. —— 6.2 Proposals for transfer and posting of registry officers and offictals shall be prepared at the Head Office not later than 31" March, based on recommendations of the concemed Senior Member! Zonal Vice President. —— 63 General transfers shall be completed by the end of April, each year.64 Transfers, outside the period of general transfers, should only be done < @ to fill up a vacanoy caused duc to promotion, retirement or other unanticipated event, and where the post cannot be kept vacant, ‘ (i) on request. Gii) on account of a new and pressing requirement which could not be 6 anticipated at the time of the general transfers, 7, REQUEST TRANSFERS 11 Transfers of. employees, when desired for their own convenience, shall not be discouraged, if they are administratively feasible and can be nade without injury to the rights of others. 72 Request transfers shall normally be considered after completion of two years 9 8 particular station, While considering such requests for transfer, dne ‘consideration will be given to the following Govt. of India instructions ‘ () Where both husband and wife are in Central Government employment, posting to the same station shall be given due weightage subject to considerations of ‘maximum tenure as pet the Policy. This has to be in accordance with the DoPT (OM No. [Link]. 2804/9/2009-Estt,(A) dated 30.09.2009. (i) Where the officer or his! het spouse or minor children is/are required fo beata Jocation on account of non-availability of super-specialized medical services at present place of posting, posting to a station of choice (in order of preference) shall be given due weightage.ee Gi) Physically challenged employees shall be considered for transfer, based on nature and extent of the disability. Definitions of Categories of Disabilities have been given in Para 8 of DoPT OM No. 36035/3/2004-Estt(Res.) dated 29" December, 2005 on the subject “Reservation for the persons with Disabilities’ Gv) Department of Personne! & Training guidelines issued vide their Q.M. No. AB 14017/49/90 Estt. (RR) dated 15.02.1991 and O.M, No. AB14017/41/90 Est. « QR) (VoLI) dated 05.01.1993 in respect of the employees having mentally challenged child/ spouse shall be followed. (¥) Incase an officer is due to superannuate within two years, posting to a station of choice shall be given due weightage. 8. APPLICATION FOR TRANSFER Applications for trarisfers, on compassionate grounds, will be made in the proforma appended as Annexure I to this Transfer Policy, alongwith documents in support and also the ‘comments’ recommendations of the Senior Member/ Zonal Vice President. In this proforma, an employee requesting for transfer may indicate choice of upto three stations, in order of preference, 9, MI TIVE, ISFERS “Administrative transfers” are the transfers which the Income Tax Appellate Tribunal orders sug motu:~ (to fill up vacancies at the various Benches, or Gi)__on grounds of misconduct or unsatisfactory performance, or Gil) in other administrative exigencies and/ or in public interest. The10. TEMPORARY CHANGE OF HEADQUARTERS In exigencies of administration and for better utilization of manpower, the President, Income Tax Appellate Tribunal may temporarily change the headquatters of an officer’ employee under S.R. $9 which reads as under :- “ The headquarters of the Government servant shall be in such place as a competent authority may prescribe,” 1. ADMISIBILITY OF TRANSFER T.A, ‘Transfer TA, as per Government of India rules, will be admissible in case of administrative transfers, but not in case of request transfers, except in the following “circumstances: () Where request transfer is effected against a vacancy at a Priority Bench(es) having comparatively higher pendency. Gi). “Where ap employce posted ot'a Priority Bench(es), is transferred out on request ‘on completion of prescribed minimum tenure. 2 «Al [ORIT! TENT TO. iSFER Subject to the general powers of the president, Income Tax Appellate Tribunal to effect transfers of Registry officers and staff of all Groups, transfers of the Groups of officers and staff shown in Col. 1 below will be effected by the Authority shown against them in Col. 3 of the ‘Table given below:- Group of Service | Appointing Authority | Authority Competent to Transfer 2. 2 3. Groups ‘A’ &‘B’__| President, ITAT President, ITAT Groups ‘C" &‘D"_| Registrar, ITAT Registrar, ITAT13, REVIEW APPLICATION/ APPEAL 13,1 Whenever a transfer order is issued, the officer/ Official concemied shall comply with the rder without delay. It would be open to an officer official to file review application! appeal techs to he Pedr income Tax Appa Tb punt» ena within seven days from the date of receipt of the order. ‘All such review applications’ appeals “hall be with specifie reference to the provisions of this Policy. 132 Inthe even of the transfer order not being stayed modified cancelled, as sought for in 132 act, ihn seen ye fm the date of review wpznton eroa, TS Teo ‘Registrar! Assistant Registrar of the Benches) concemed shall ensure that the concemed officer! g oificial is relieved ‘immediately on receipt of decision! order of the competent authority, on the veview application! appeal or on expiry of a period of sever days from the date of filing/ review applicationy appeal, whichever is earlier. 14, CODEOF CONDUCT 14.1 Rule 20 of the ‘Central Civil Services (Conduct) Rules, 1964 reads as under: “No Government servant shall bring or attempt to bring any political or other outside influence to bear upon any superior authority further his interests in respect of matters pertaining 10 his service under Government.”142 Violation of above provision amounts of misconduct, and the government servant concemed would be liable to be punished. 15. liscellaneous “The Transfer Policy shall come into effect from the date of issue. The policy is being issued in order to facilitate the Registry Officers/Officials and to ensure efficient and effective - administration. However, the Income Tax Appellate Tribunal, reserves its right to change any provision of this potiey at any time for any reason to be recorded in writing with approval of the competent authority. “This issues-with the approval of the Ministry of Law & Justice vide their leter F. No-A- 60011/47/[Link](L.A) dated the 15" April, 2011. wi ko hemes REGISTRAR Deputy/Assistant Registrar, Income Tax Appellate Tribunal, Mumbai/Dethi/Kolkata/Chennai/ “Ahemdabad/Lucknow/Chandigarh/Banglore/Hydrabad/Jodhpur/Agra/Jaipur/Patna/Indore/ SJabalpus/Allahabad/Rajcot/ Amitsar/Nagpur/Pune/Panj/Guwahati/Cuttack/ Visakhepatnary Kochin Bench(¢s) O/-A PAA RE -10- TAX APPELL, (AL APPLICATION FOR TRANSFER Personal Details Name é Designation Name of Bench(es) ‘ Date of posting at the present Bench(es) Date of'retirement Details of previous transfers, with durations and name of Bench(es) Grounds, in brief, for seeking transfer Names of three Benches, in order of preference, where transfer is desired. Supporting documents, if any 7 Previous transfer application(s), if any, on similar/ other compassionate grounds (whether accepted rejected?) Signature of the officer/ official, with date : Comments of the Senior Member, applicable: (Signature) ‘Comments/ recommendations of the Zonal Vice President (Signature) Decision/ order of the President, Income Tax Appellate Tribunal : (Signature)