TRANSFER GUIDELINES

(ವಿ.ಸೂ : ಇಲ್ಲಿ ಪಡೆಯುವ ಮಾಹಿತಿಗೆ ನೀವು ಲಂಚ ಕೊಡಬೇಕಾಗಿಲ್ಲ. ಕೊನೇಪಕ್ಷ ಕಾಮೆಂಟ್ /ಸಲಹೆ /ರೇಟಿಂಗ್  ಕೊಡೊ ಸೌಜನ್ಯವನ್ನಾದರೂ ತೋರಿಸಿ. ಈ ಮಾಹಿತಿ ಉಪಯುಕ್ತವೇ ಎಂಬ ಬಗ್ಗೆ ಲೇಖನದ ಕೊನೆಯಲ್ಲಿರುವ ಚೆಕ್ ಬಾಕ್ಷ್ ನಲ್ಲಿ ಕ್ಲಿಕ್ ಮಾಡಿ) Karnataka Journal of Pulic Administartion  ಕರ್ನಾಟಕ ಆಡಳಿತ ದರ್ಪಣ

The Yeddyurappa Govt in Karnataka was in news for doing Mass transfers. But In past the Govt of Karnataka released a Transfer guidelines to make transfer procedures more scientific and transperent.Given below are the salient features of the Transfer guidelines issued by the govt vide Government Order No. DPAR 4 STR 2001, Bangalore, Dated: 22-11-2001.


PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA

Sub: Transfer of Government Servants.

1. Preamble:

1.1 Transfer of Government Servants is, at present, regulated by executive instructions in the form of Official Memoranda, Circulars etc. The existing guidelines relating to the transfer of Government Servants are contained in the Official Memorandum No. DPAR 5 STR 95, dated 28-4-1995, as modified from time to time, which are read above. The Administrative Reforms Commission constituted under the Chairmanship of Shri Haranahalli Ramaswamy has, in its interim report, made some recommendations with regard to the transfer of Government servants. Government have examined the entire matter in details and come to the conclusion that it is necessary to issue fresh orders regulating the transfer of Government servants which will be a major governance reform. Hence, the following orders.

Government Order No. DPAR 4 STR 2001, Bangalore, Dated: 22-11-2001.

2. In supersession of the official memoranda read at (1) to (4) above, Government are pleased to order as follows. These orders shall come into force from the year 2002-03.

2.1 Periodical Transfers:-

No Government servant shall be considered for transfer except in the circumstances and in the manner specified in this order and by the Cadre Management Authority.

Explanation:-

(1) 'Government servants' means a person who is a member of the Civil

Services of the State of Karnataka or who holds a post in the Civil Services of the State of Karnataka and includes any such person whose services are temporarily placed at the disposal of the Government of India, the Government of another State, a local authority, any person or persons whether incorporated or not.

(2) 'Transfer' means the posting of a Government servant from one headquarters to another headquarters or from one office to another office within the same headquarters in which he is employed, to take up the duties of a new post or in consequence of a change of his headquarters.

Note: Movement of a Government servant within the same office / unit from one post to another one or desk / compilation to another one under the same head of office shall not be treated as a transfer.

(3) 'Cadre Management Authority' means the authorities specified in para 10 or the Chief Minister in the case of Government servants belonging to Karnataka Administrative Service, as the case may be.

2.2 Transfer shall be made by the Cadre Management Authority in the interest of public service.

2.3 Transfer cannot be claimed as a matter of right by the Government servants;

2.4 Transfer of Government servants shall be made by the Cadre Management Authority only during the months of April and May. However, in extraordinary circumstances relating to a case, transfer may be considered by the Cadre Management Authority beyond the period of transfer for reasons to be recorded in writing and after obtaining the prior approval of the Chief Minister through the administrative department concerned of the Karnataka Government Secretariat.

2.5 Subject to the exceptions mentioned in paras 4 and 6, the Cadre Management Authority shall ensure that the number of Government Servants transferred in any year is kept to the barest minimum and ordinarily, the number of Government servants transferred in any year shall not exceed five percent of the working strength of the cadre.

3. Classification and minimum Period of stay at a place:-
3.1. The classification of Government Servants for the purpose of transfer shall be the same as contained in rule 5 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.

3.2. The minimum period of stay at a place shall be as specified in the table below:-

TABLE

Category of posts Minimum period of stay at a place
(1) (2)
1. Government Servants holding Group-A posts 3 years
2. Government Servants holding Group-B posts 4 years
3. Government Servants holding Group-C posts 5 years
4. Government Servants holding Group-D posts 7 years

3.3. Notwithstanding anything contained in sub para 3.2, the minimum and maximum periods of stay in respect of the posts mentioned in column (3) of the Table below, shall be as specified in columns 4 and 5 ibid:-

TABLE

Sl.No. Name of the Department / Service Post / Cadre Minimum Maximum
(1) (2) (3) (4) (5)
1 Police Department Circle Inspector of PoliceSub Inspector of Police 22 33
2 Commercial Tax Department Deputy Commissioner of Commercial TaxesAssistant Commissioner of Commercial TaxesCommercial Tax Officer 22 33
3 Excise Department Deputy Superintendent of ExciseInspector of ExciseSub-Inspector of Excise 222 333
4 Forest Department Range Forest OfficerAssistant Conservator of Forests 22 33
5 Transport Department Regional Transport OfficerAssistant Regional Transport Officer.Senior Motor Vehicle InspectorMotor Vehicle Inspector. 2222 3333
6 Registration and Stamps Department District Registrar (District under-valuation Supervision)District RegistrarFirst Division Sub-RegistrarSecond Division Sub-Registrar 2222 3333
7 Public Works Department, Irrigation Department and Engineering Division in the Rural Development and Panchayat Raj Department. Chief Engineer / Superintending Engineer / Deputy Chief EngineerExecutive EngineerAssistant Executive EngineerJunior Engineer 222 333
8 Karnataka Administrative Service Group-A Junior Scale.Group-A Senior Scale.Group-A Selection Grade. 222 333

4. Premature transfers:-

4.1 Save as provided in paras 6 and 7 there will be no premature transfers.

Explanation:- Premature transfer means a transfer made before the completion of the minimum period of stay at a place specified in para 3.2 and the minimum and the maximum periods of stay specified in para 3.3 as the case may be.

5. Government servants due to retire in two years:-

5.1 A Government servant, who is due to retire within two years on attaining the age of superannuation may, ordinarily, be transferred to a place preferred by him or to a place nearest to it during the period of transfers.

6. Relaxations:-

6.1 The provisions contained in this order may be relaxed by the Cadre Management Authority in the following cases:-

(1) Where both the spouses are Government servants and one of the spouses is transferred then the other spouse may also be transferred to the same place or a nearby place even if he or she has not completed the minimum period of stay, subject to availability of a clear vacancy. In such cases, both the spouses should submit their requests to the Cadre Management Authority in their respective departments and both the departments shall consult each other and take a decision;

(2) Where a female Government servant is a widow, notwithstanding anything to the contrary contained in this order, she may be transferred or in case she is appointed for the first time, may be posted to a place of her choice subject to availability of a vacancy;

(3) Where a Government servant is an office-bearer of the Karnataka State Government Employees Association only and not of any other Association, such Government servant concerned shall not be transferred until the completion of the term for which he has been elected. In case no elections are held within three months of the completion of the said term, he may be transferred. In case he is re-elected he may be continued in the same place until the completion of the second term. There shall, however, be no bar on transferring him even if he is elected for the third or the subsequent terms. The Cadre Management Authority, before transferring him, shall confirm the fact that he has completed the second term. For this purpose, the said Association shall submit a list of its elected office-bearers to the Cadre Management Authorities as soon as they are elected to the Association;

(4) Where a Government servant is physically handicapped or disabled;

(5) Where a Government servant or his/her spouse or children are suffering from serious ailments, for which medical treatment is not available at his/her place of work and his/her transfer is necessary to a place where such a treatment is available so as to provide him/her the required medical treatment. However, no transfer shall be made unless the Government servant concerned produces a certificate from the Medical Board specifying the nature of ailment, stating the fact that the required treatment is not available at his/her place of work, specifying the place where the required treatment is available and certifying that his/her transfer is necessary to such a place to provide him/her the required medical treatment;

7. Cases to which certain provisions contained in this order are not applicable:-

7.1 The provisions relating to the period of transfers mentioned in para 2, those in para 3 relating to the minimum and maximum period of stay at a place and those in para 4 relating to premature transfers shall not be applicable to the following cases:-

(a) Where a person selected by the Karnataka Public Service Commission or any other selecting authority or the appointing authority, for direct recruitment, on his first appointment, is posted to a place where a vacancy is available;

(b) Where a person directly recruited on probation is required to undergo training as per the statutory rules or executive orders;

(c) Where a Government servant, on his promotion, is transferred and posted to a place where a vacancy is available;

(d) Where a Government servant is working in a project, he should not ordinarily be transferred until the completion of the project;

(e) Where a Government servant returns to duty after absence on leave exceeding 180 days and the vacancy so caused has already been filled, the incumbent thereof need not be disturbed to accommodate the said absentee (on leave). Instead, the latter may be posted against an available vacancy;

(f) Where, disciplinary or criminal proceedings, as the case may be, are contemplated or initiated against a Government servant and the appointing authority is of the opinion that instead of placing the Government servant concerned under suspension, he could be transferred.

(g) Where posts have become vacant on account of promotion, retirement, death, resignation, dismissal, removal, compulsory retirement or any unforeseen circumstance and the same are required to be filled.

(h) Where new offices are established and the vacant posts therein are required to be filled; and

(i) Where the Government servant concerned is required to be transferred to comply with the instructions of the Election Commission of India or the State Election Commission.

8. Maintaining a proper balance of vacancies:-

8.1 Notwithstanding anything to the contrary contained in this order, if the number of vacancies in any cadre in any department in any district is disproportionately large, the Cadre Management Authorities shall, as far as possible, see that the vacancies are evenly distributed among the various districts and the number of vacancies in any cadre in any department is not disproportionately large in any one district.

9. Monitoring the Transfers:-

9.1 The Government shall specify an appropriate mechanism for the purpose of monitoring transfers.

10. Cadre Management Authorities:-

10.1 The following shall be the Cadre Management Authorities, namely:-

(a) Transfer of the Government Servants holding Group-A posts:- The Cadre Management Authorities for transferring the Government servants holding Group A posts, other than those belonging to the Karnataka Administrative Service, in the field departments coming under the administrative control of a Secretariat Department shall consist of the following:-

(i) Minister-in-charge ... Chairperson

(ii) Principal Secretary / Secretary to ... Member
Government of the Department
concerned

(iii) Head of the Department concerned ... Member

(iv) Additional/Joint/Deputy ... Convener
Secretary to Government

(b) Transfer of the Government Servants holding Group-B posts and inter-district transfer of those holding Group-C and Group-D posts:- The Cadre Management Authority for transferring the Government servants holding the Group B posts either within the same district or from one district to another and in the case of those holding Group C and Group D posts from one district to another within the State shall consist of,-

(i) Head of the Department concerned ... Chairperson

(ii) Any other Head of the Department ... Member
to be nominated by the Secretary to
Government concerned

(iii) Additional Head of the Department or
Additional Director or Joint Director
or Deputy Director or an Administrative
Officer holding a Group-A Post ... Convener.

(c) Transfer of the Government servants holding Group-C or Group-D posts within the same district:- The Cadre Management Authority for transferring the Government Servants holding Group-C or Group-D posts within the same district shall consist of,-

(i) Deputy Commissioner ... Chairperson

(ii) Chief Executive Officer of the Zilla ... Member
Panchayat


(iii) District Level Officer of the Department ... Member
concerned holding a Group A post Secretary

(d) Transfer of the Government servants holding Group-C or Group-D posts in the Police Department within the same district:- The Cadre Management servants holding Group-C or Group-D posts in the Police department shall consist of:-

(i) Superintendent of Police in charge ... Chairperson
of the district.

(ii) Additional Superintendent of Police ... Member

(iii) A Deputy Superintendent of Police ... Member
to be nominated by the Superintendent
of Police

(iv) Assistant Administrative Officer ... Convener
in the office of the Superintendent
of Police

Note: In case there is no post of Additional Superintendent of Police in a district, one more Deputy Superintendent of Police may be nominated by the Superintendent of Police. (in place of Additional Superintendent of Police).

(e) Transfer of the Government servants belonging to the Karnataka Administrative Service:- The Cadre Management Authority for transferring the Government servants belonging to the Karnataka Administrative Service other than those holding the posts of Tahsildars Grade-I and Tahsildars Grade-II shall be the Chief Minister acting on the recommendation of the Authority consisting of.-

(i) Chief Secretary ... Chairperson

(ii) Additional Chief Secretary ... Member

(iii) Secretary, D.P.A.R ... Member

(iv) The Principal Secretary/ ... Member
Secretary to Government of
any department to be nominated
by the chief Secretary



(v) Additional/Joint/Deputy ... Convener
Secretary (Services), Department
of Personnel and Administrative
Reforms

(f) Transfer of the Government servants holding posts in the cadres which have no heads of departments at State level:- The Cadre Management Authority for transferring the Government servants holding posts in cadres like those of Tahsildars Grade-I and Tahsildars Grade-II and those in the Rural Development and Panchayat Raj Department, which have no heads of departments at the State level, shall consist of,-

(i) Minister-in-charge ... Chairperson

(ii) Principal Secretary / Secretary to ... Member
Government of the department concerned

(iii) Principal Secretary / Secretary to ... Member
Government of any other department to be
nominated by the Chief Secretary

(iv) Additional Secretary / Joint Secretary / ... Convener
Deputy Secretary to Government of
the department concerned

(2) The respective Cadre Management Authorities mentioned above shall have the power to transfer Government servants falling under their purview subject to the provisions contained in this order.

(3) In addition to the Cadre Management functions specified in sub-para 2.5 and para 8, the Cadre Management Authorities specified at (a) (d) and (e) above shall draw up an appropriate career management plan for each of the cadres / services coming under their purview covering the various matters such as career plan, identification of training and specialisation needs of the department / service and such other matters as may be specified by Government from time to time by orders issued in this behalf.

11. Review of the decisions of the Cadre Management Authorities:-

11.1. A Government servant may, within a period one week from the date of the order of his transfer make an application to the Cadre Management Authority seeking a review specifying, therein, the reasons for the same.

11.2. Every application for review under para 11.1 shall be accompanied by a copy of the order of transfer in respect of which review is sought.

11.3. On receipt of an application for review, the Cadre Management Authority shall consider all the circumstances of the case and pass such orders as it deems appropriate subject to the provisions contained in this order.

12. Karnataka Government Secretariat Service:-

12.1. Notwithstanding anything to the contrary contained in this order, the movement of the Government servants belonging to the Karnataka Government Secretariat Service shall be regulated as specified in the Appendix.

13. barring transfers in certain cadres:-

13.1 Notwithstanding anything to the contrary contained in this order, Government may specify by order, the posts, the holders of which shall not be considered for transfer except on their own request in the circumstances specified in para 7.

By order and in the name of the
Governor of Karnataka.


ABDUL KHADEER
Joint Secretary to Government,
Department of Personnel and Administrative
Reforms (Service Rules)

















APPENDIX
(Vide para 12)

Movement of the members of the Karnataka Government Secretariat Service

1. Unlike the field departments, whose role mainly relates to implementing policies and programmes of Government, the Karnataka Government Secretariat has a different role, namely, formulating the plans (including the five-year plan) / policies, rendering specialist / technical advice in legal, personnel, financial and such other matters, interacting with the Government of India including the external agencies and functioning as the storehouse of Government. Besides, the Karnataka Government Secretariat is a single-unit office. Hence, the word "movement" has been used in relation to the members of the Karnataka Government Secretariat Service and not the word "Transfer".

2. For the purpose of the movement of the members of the Karnataka Government Secretariat Service, the various departments of the Karnataka Government Secretariat are classified into four categories, namely, Development Departments, Regulatory Departments, Service Departments and Technical / Specialist Departments as specified below:-


Development Departments Regulatory Departments Service Oriented Departments Technical / Specialised Departments
1) Agriculture & Horticulture 1) Co-operation 1) Education 1) Law
2) Animal Husbandry & Fisheries 2) Personnel and Administrative Reforms (Except Service Rules Wing of D.P.A.R) 2) Health & Family Welfare 2) Parliamentary Affairs & Legislation
3) Commerce & Industries 3) Energy 3) Housing 3) Planning & Institutional Finance & Statistics, Science and Technology
4) Women and Child Development 4) Food, Civil Supplies & Consumer Affairs 4) Information, Tourism, Youth Services 4) Information Technology
5) Rural Development & Panchayath Raj 5) Forest, Environment & Ecology 5) Infrastructure Development 5) Service Rules Wing in D.P.A.R
6) Home & Transport 6) Major Irrigation 6) Finance Department
7) Kannada & Culture 7) Medical Education
8) Labour 8) SocialWelfare
9) Revenue 9) Public Works
10) Urban Development

3. Each department of the Karnataka Government Secretariat has been allocated work as per the Karnataka Government (Allocation of Business) Rules, 1977. Each department deals with certain distinct activities, Acts, Rules, Regulations etc., allocated to it. A Member of the Karnataka Government Secretariat Service, who is posted to a particular department needs reasonable time to acquaint himself with the work of the department and acquire proficiency and expertise in dealing with the work allocated to him.

4. In the background mentioned above, the movement of the members of the Karnataka Government Secretariat Service and their training shall be regulated as prescribed hereunder:-

(a) The minimum tenure in a department shall be as follows:-

Post Development Departments Regulatory Departments Service Oriented Departments Technical / Specialised Departments
Min Max Min Max Min Max Min Max
1 2 3 4 5 6 7 8 9
AS/JS/DS 3years 6years 3years 6years 3years 6years 5years No Limit
U.Ss. & S.Os. 3years 6years 3years 6years 3years 6years 5years No Limit
Sr. Assts/Assts. 5years 7years 5years 7years 5years 7years 6years No Limit
Jr. Assts/Group-D 5years 7years 5years 7years 5years 7years 6years 7years

The tenure referred to above excludes the period of training mentioned in item (b) below;

(b) Every member of the Karnataka Government Secretariat Service holding posts in the cadres of Assistants, Senior Assistants, Section Officers and Under Secretaries shall be deputed to field departments for a period of at least two years within five years of entering each of the said cadres;

Provided that those who have attained the age of 52 years may not be so deputed.

(c) The Principal Secretary / Secretary to Government concerned can rotate the officers within his department;

(d) In case, however, the Principal Secretary / Secretary to Government desires to surrender to the Department of Personnel and Administrative Reforms, the services of any officer before the completion of the minimum tenure mentioned in para 5 above, he shall record reasons for the same and seek prior clearance of the Department of Personnel and Administrative Reforms for such surrender. However, alleged mis-conduct cannot be a ground to surrender any officer to the Department of Personnel and Administrative Reforms. In such cases, appropriate, disciplinary action should be initiated.

(e) As far as possible, Department of Personnel and Administrative Reforms will ensure that the movement of the members of the Karnataka Government Secretariat Service is within each of the four categories mentioned in para 2 above.

5. Cadre Management Authority:- (1) The Cadre Management Authority for transferring the members of the Karnataka Government Secretariat Service holding posts in the cadres of Section Officers, Senior Assistants, Assistants, Junior Assistants and Group-D cadres shall consist of:-

(i) Secretary to Government ... Chairman
Department of Personnel and Administrative
Reforms

(ii) Secretary to Government of any other department...Member
to be nominated by the Chief Secretary

(iii) Deputy/Joint/Additional Secretary to Government...Member-
(Administration), Department of Personnel and Secretary
Administrative Reforms

(2) The Cadre Management Authority for transferring the members of the Karnataka Government Secretariat Service holding posts in the cadres of Under Secretaries to Government and Deputy Secretaries to Government shall consist of-

(i) Additional Chief Secretary ...Chairman

(ii) Secretary to Government, ...Member
Department of Personnel and Administrative
Reforms.

(iii) Deputy/Joint/Additional Secretary to Government ..Member-
(Services), Department of Personnel and Secretary
Administrative Reforms.

(3) The Cadre Management Authority for transferring the members of the Karnataka Government Secretariat Service holding posts in the cadres of Joint Secretaries to Government, Additional Secretaries to Government and Special Secretaries to Government shall consist of-

(i) Chief Secretary ...Chairperson

(ii) Secretary to Government, ... Member
Department of Personnel and Administrative
Reforms

(iii) Deputy/Joint/Additional Secretary to Government ..Member-
(Services), Department of Personnel and Secretary
Administrative Reforms.

6. This order do not confer any enforceable rights on any member of the Karnataka Government Secretariat Service.

7. If, in a case, any difficulty arises in implementing this order, Government in the Department of Personnel and Administrative Reforms is empowered to take appropriate decision in each such case.
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