Powers delegated for District, Divisional, UT cadre posts
*Officials cautioned against bringing political, outside influence
JAMMU, Aug 6: Union Territory of Ladakh has framed first-ever policy on transfer and posting of employees kept at its disposal and delegated the powers for District, Divisional and UT cadre posts. Moreover, a calendar for the transfers has been fixed so as to ensure smooth functioning of all the departments and all the officials have been cautioned against bringing any political or outside influence for getting the choicest postings.
Earlier, the transfer and posting of officers/officials in Ladakh was governed by the Transfer Policy issued by the erstwhile State of Jammu and Kashmir. This policy has not prescribed the terms and conditions including those related to transfers and postings of the employees deemed to be transferred to the Ladakh Autonomous Hill Development Councils (LAHDCs) of Leh and Kargil.
Now, in exercise of powers vested under Sections 40 and 51 of the Ladakh Autonomous Hill Development Council Act, 1997 and amended Act of 2018 and in supersession of all previous orders and circular instructions, the Union Territory of Ladakh has framed first-ever Transfer Policy for strict compliance by all.
In the Transfer Policy, the copy of which is available with EXCELSIOR, all the authorities vested with powers to order transfer/posting have been asked to maintain database (preferably electronic) of the employees for effective implementation of transfer guidelines.
“The Chief Executive Officers (CEOs) of the Hill Councils shall submit the consolidated report of transfers made as well as vacancy position every month to the UT administration by 5th of the succeeding month”, the policy said, adding “notwithstanding the delegation of powers to any authority, the UT administration can transfer officers/officials of any cadre, level and department”.
Stating that transferring authorities should ensure that the posts in the peripheries are filled first, the policy said, “the attachments will not be permitted under any circumstances and transfer/posting of outsourced employees of all categories are to be made only with the prior approval of the administration of UT. Since the outsourced employees are not Government employees, they shall not be covered under the delegation of powers”.
It has been made clear that orders once issued shall be strictly complied with and reversal of transfer orders once made must be a very rare event and to be resorted to only in exceptional cases for which reasons shall be recorded in writing.
“The controlling officer responsible for relieving the transferred official will be responsible for compliance of the transfer order”, the policy said. Moreover, all the Government employees have been cautioned against bringing or attempting to bring any political or other outside influence to bear upon any superior authority for his/her transfer orders.
Drawing a calendar for transfer/posting, the policy states: “All annual transfer orders shall ordinarily be issued in the first month of financial year-April excluding the transfers of the teaching staff, which shall be made during winter vacation and the transfer order will be issued by or before February 20 every year”, adding “there should be no mid-term rationalization/internal adjustment/individual transfer order”.
In case of Divisional Cadre posts, the Directors/Head of the departments at the divisional level vested with the powers to effect inter-district transfers will issue the orders of transfer in the first week of the financial year-April. “The CEOs of the Hill Councils will effect transfers in case of Divisional Cadre posts delegated to them only after the issuance of inter-district transfers by the Directors/Head of the departments at the divisional level”, the policy said.
The minimum tenure of a Government employee on a post will be two years and a maximum of three years, the premature transfers wherever avoidable will be made in the interest of administration but with the prior approval of the UT administration and a Government employee may be transferred even before the completion of minimum tenure if the performance of the employee is found to be below job requirement or if there are ground for initiating enquiry or disciplinary proceedings against him/her.
The powers for transfer of District Cadre employees have been delegated to CEOs of Hill Councils with the prior approval of the Executive Council while as certain Divisional Cadre employees will be transferred by CEOs of Hill Councils. However, inter-district transfers in respect of all Divisional Cadre posts will be made by the Director/Divisional Head of the department. Even the Directors have been given powers to effect intra-district transfers in respect of Divisional Cadre posts.
The UT administration and CEOs of the respective Hill Councils with the approval of the Executive Council will made transfers vis-a-vis UT cadre posts, which have been identified separately.