Implementation of Supreme Court’s Judgement dated 31.10.2013 in WP(C) 82/2011 -Postings/Transfers in Railways
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(O)III-2014/PL/O3
New Delhi, dated:29/08/2014
General Managers,
All Indian Railways/Production Units
(As per Standard List).
Sub: Implementation of Supreme Court’s Judgement dated 31.10.2013 in WP(C) 82/2011 -Postings/Transfers in Railways.
Ref: Board’s letters/circulars of even number dated 10.06.14 and 04.07.14.
References have been received from different Railways / Units raising various queries / seeking clarification from Board with reference to instructions contained in Board’s circular of even number dated 10.06.14. read with 04.07.14, After considering the various issues/ queries raised by different Railways/ Units, the following clarifications are issued for adherence by Railways / Units:-
| S.No. | Issues raised/clarifications sought | Clarification by the Railway Board |
| 1. | If, in the case of Personnel Department, 2 personnel officers are required while forming Placement Committee for JAG/SG officers or if one can meet the demand. | In the Case of transfer/ posting of personnel officers, Jr. Scale/ Sr. Scale / JA/ SG/ SAG there should be 3 officers’ Committee (2 can be from Personnel side and one should be from outside department. |
| 2. | If 2 personnel officers are needed in the Group ‘C’ Placement Committee of Personnel Department. | The same principle as stated above will apply to Group ‘C’ also. |
| 3. | Who will be the representative of Personnel Branch when Sr. Scale officer (DPO) is incharge of Personnel Branch of Division office. | Railways may nominate Sr. Divisional Officer or officer-in- charge of the respective Departments in such cases. |
| 4. | How will be Placement Committee be formed in Divisions where no officer of SS / JAG/ SG is available? | Railway may nominate Sr. Divisional Officer or officer-in- charge of the respective Departments in such cases. |
| 5. | Depots are-not under the control of DRM/ADRM’ bit under the control of HQ/COS. How will Placement Committees be formed in such cases. | Railway can form Placement Committees accordingly. |
| 6. | What will be the composition of Placement Committee for Construction organisation. | Placement Committee can consist of CE(Con.)/CAO(Con.) + two other officers. |
| 7. | Whether these instructions are also applicable to Accounts and Security Departments | Yes. The instructions have to be complied with in case of all services. |
| 8. | If any dispute arises before the Placement Committee members, how will it be dealt with. | General Manager can decide. |
| 9. | If any dispute arises in a transfer after the recommendation of Placement Committee, its acceptance by the Competent Authority and issue of order, how will be same cancelled or modified. | General Manager can decide. |
| 10. | In case of HQ controlled posts in Division/ Unit and vice-versa, which committee and Competent Authority will deal with such cases. | General Manager can decide |
| 11. | Procedure to be followed when employees of one department are employed in other with the previous consent of HOD of the Department in which they are employed. | The case can be considered by the Placement Committee of the Department where he is posted. |
| 12. | Whether applicable mutatis-mutandis to cases of mutual transfers/ own request transfers, transfers ordered by Vigilance etc./ transfer of office k bearers of unions, who are governed by separate orders, inter-Divisional transfer of ticket checking staff indulging in malpractices, Railway servants posted to HQ controlled posts of Divisions/ Units and vice- versa. | The instructions should apply to all these cases. |
| 13. | Procedure for dealing with out of turn transfers under the powers of GM/PHOD/CHOD/DRMS. | The instructions should apply to these cases also. |
2. This also disposes of the clarifications sought by SEC Railway vide their letter No. P-HQ/RUL/116/1/2420 dated 08.07.2014.
(N. Soman)
Joint Secretary(Gaz.)
Railway Board.
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