Whimsical Transfers Must Be Stopped Immediately

No verbal orders from politicians, no frequent transfers: Supreme Court orders for babus--NDTV--31st October 2013

(My Views Are Given below along with guidelines of Ministry of Finance on the issue of transfers and promotions.)

New Delhi:  The Supreme Court today said IAS officers should not take verbal orders from their political bosses, and ordered landmark reforms to insulate the bureaucracy from victimization. The court also asked for a law to check arbitrary transfers of officers, in a verdict seen as a big step towards giving officials some breathing space from political control.

HERE ARE THE 10 DEVELOPMENTS IN THE STORY:

1. A bench headed by Justice KS Radhakrishnan said officials must have a fixed tenure to promote professionalism, efficiency and good governance.
2. "Frequent transfers should be avoided so that the implementation of the policies and programmes of the government reach the poor people," the judges said.
3. The court said officials should not act on verbal instructions from political bosses, observing that this encourages corruption. "If civil servants act on oral instructions they must record it in writing, otherwise the purpose of the RTI will be defeated,' said the court.
4. The court also asked Parliament to enact a law to regulate postings, transfers and disciplinary action against bureaucrats. Much of the deterioration in bureaucracy is due to political interference, said the judges.
5. The Central and state governments have been asked to set up, within three months, a civil service board to decide on the transfer and posting of bureaucrats. A petition had asked for such a board to rid the bureaucracy of political interference, corruption and inaction.
6. The judges said the reforms would bring a more professional approach in the government and among high-ranking officials.
7. "This is a landmark judgement. Public servants are not private servants and the government can't deal with them as domestic servants," said former Cabinet Secretary TSR Subramanian.
8. Mr Subramanian is among the 83 former bureaucrats who had petitioned the court for sweeping reforms to protect the fraternity from politicians.
9. There had been widespread anger over the alleged persecution of bureaucrats like Uttar Pradesh IAS officer Durga Shakti Nagpal, whose suspension in August was seen as 'punishment' for her crackdown on the politically connected sand mafia. She was reinstated last month.
10. Another officer, Ashok Khemka, has alleged that he is being hounded for cancelling a land deal involving Congress president Sonia Gandhi's son Robert Vadra.
    
    
    http://www.ndtv.com/article/cheat-sheet/no-verbal-orders-from-politicians-no-frequent-transfers-supreme-court-orders-for-babus-439957

My Opinion is As Follows 

In public sector banks, transfers take place purely on the whims and fancies of top officials. Flattery and bribery play the key role and predominant role in transfer and not only transfers but also in all promotion processes. I have been harping on this blatant issue since long but none at top echelon gave value to my views. Performance and caliber of an officer is of no significance in any public sector bank and in any government office or department of Ministry. It is undoubtedly an open secret that performance was never in the minds of top officials when they used to issue transfer orders or they used to promote or reject an officer in promotion process..

As such Today's Historic Supreme Court  judgement is enough to substantiate my views expressed during last few years through my blogs. All public servants will welcome this landmark and historic judgement given by Highest Court of India.I am fully confident that trade union leaders who were playing mostly in the hands of top officials of the management and working as puppet of ministers to serve their self interest will at least now stop advocating on behalf of clever and corrupt bosses and do their duty towards their members  and try to protect the interest of their members for which they are meant

I reiterate that  at least now bank management will take the lesson and modify their Human Resource Policy and try to be perfectly honest in its execution in real sense and in true spirit. It is well known to bank officers how they are tortured by top bosses, how they are forced to sit late and work on Holidays and Sundays and how they are frequently transferred when they do not act as flatterer of their bosses. 

It is astonishing that despite clear cut instruction by Ministry of Finance in Jun 2012 that banks should not transfer officers after June month and if transfer after June month  is unavoidable , the same should be approved by the board. But Banks are still issuing transfer orders violating the guidelines without keeping in mind even the torture meted out to officer due to frequent arbitrary and whimsical transfers.

It is therefore desirable that Ministry of Finance should  verify whether guidelines issued by them are followed in true spirit on ground level. If there is one or two violations, the same may be condoned. But if there are hundreds of violations in each bank every year, MOF should either punish top officials or withdraw their guidelines and give them free hand as they are using free hand to transfer IAS and IPS officers in the country to take revenge from their opponents.

It is however undeniably true that if the verdict of Supreme Court is not put into action in true sense in all government departments, there is no power on earth which can stop corruption and which can ensure safety of bank and health of banks health.

So far as oral instructions from top bosses are concerned , it is open secret that majority of  high value proposals originates from branches only when there is huge pressure , oral orders from top bosses to sanction loans to a person or businessman. Majority of promotions take place on the verbal recommendation of some powerful persons only and when any officer recommends anyone's name for promotion, marks are accordingly given in Interview by members of Interview panel. 

Even Supreme Court cannot stop such oral instruction. None of junior officers has courage to write down the oral instruction as advised Today by Supreme Court. 

Only God can express the true story of banks and government departments.

I submit below the guidelines issued by MOF last year which is blatantly violated by almost all banks but there is none in Ministry to check it and to punish who do not abide by their guidelines. It is easy to frame good laws, frame good policies and frame stringent rules but very difficult to enforce it in true spirit.

Fresh Guideline to Banks on Promotion And Transfer by Ministry of Finance

F.No.5/5/2012-IR
Government of India
Ministry of Finance
Department of Financial Services
Jeevan Deep, IIIrd Floor,
Parliament Street, New Delhi


Dated the July 9, 2012


To


CEOs of all Public Sector Banks


Subject : Timelines for Promotions/Transfers in PSBs


Sir,


I am directed to refer to this Departments’ letter No. 9/1/2012-IR dated 
27.3.2012 and subsequent letter of even number dated 3.5.2012 on the above cited 

subject and to say that the status/progress of promotion and transfer process has 

been examined in this Department. 

  

2. It has been decided that those Banks that are yet to complete the process,
should ensure completion of the promotion/transfer process for the FY 2012-13 by 

31st July, 2012, except in specific cases where court cases are pending and stay 

orders have been granted.

  

3. This issues with the approval Secretary (FS).

Yours faithfully,

(Manish Kumar )

Under Secretary to the Government of India Crusade








Promotion policy in PSBs. - New guidelines issued by GOI 

F.No.4/11/1/2011-IR
Government of India
Ministry of Finance
Department of Financial Services
Jeevan Deep, IIIrd Floor,
Parliament Street, New Delhi
Dated the May 3, 2012

To
CEOs of all Public Sector Banks.

Subject: Promotion policy in PSBs.

Sir,

I am directed to refer to this Department’s letter of even number dated 14.3.2012 issued in suppression of earlier guidelines dated 5.12.2011 on the above subject and to say that several references received PSBs seeking 
relaxations/clarifications in the guidelines have been examined in this Department.

2. In view of the difficulties being experienced by PSBs regarding non- availability of the requisite number of officers in zone for consideration ,due to different profile of officers in Banks, APAR marks, cut-off date, etc, it has 
been decided that the following relaxations could be allowed by the Bank, as one time measure, for the promotion process for the year 2012-13:-

(i) The Zone of considerations for promotion should be generally 3 times the number of anticipated vacancies. 


However, incase these many officers are not available; the zone of consideration shall be atleast two times the number of likely vacancies. For this purpose, the Board of Directors of the Bank may further relax minimum 
eligibility in length of service by upto six months over and above one year already provided in the guidelines dated14.3.2012. The relaxation beyond one year in eligibility shall be granted only to the extent that officers at two 
times the number of vacancies become eligible.

(ii) Vacant positions must be filled subject to the suitability of officers within the zone of consideration as per the Guidelines.

(iii) All officers who are eligible on the cut-off date of experience requirement would be included in the zone of consideration.

(iv) The officers against whom disciplinary proceedings are in process would be considered in addition to the requirement of zone of consideration as mentioned at (i) above and the recommendations in respect of such 
officers shall be kept in sealed cover.

(v) The requirement of minimum 75% marks in APAR in each of the year under consideration would be relaxed to the extent of 60% marks APAR in each year for only those scales where passing of an examination by IBPS is mandatory for promotion.

(vi) The condition of not granting the benefit of relaxation in minimum experience at two successive levels of promotions in Scale-III and above, as prescribed at para 5(iv) of the guidelines dated 14.3.2012 stands withdrawn.

2. The provisions regarding reservations/concessions, etc, in respect of promotion of SC/ST employees and any other category of employees be followed as per the extant Guidelines in the matter.

3. All Banks are requested to obtain the approval of the Board of Directors for the above at the next meeting and to take action accordingly.

4. This issues with the approval of Secretary, DFS.

Yours faithfully,

(Manish Kumar)
Under Secretary to the Government of India

Copy to:-
1. All Govt. Nominee Directors.

2. NIC Cell for placing on the website

F.No.5/5/2012-IR
Government of India
Ministry of Finance
Department of Financial Services
Jeevan Deep, IIIrd Floor,
Parliament Street, New Delhi
Dated the May 3, 2012

To
CEOs of all Public Sector Banks.

Subject: Timelines for Promotions/Transfers in PSBs.

Sir,

I am directed to refer to this Department’s letter No.9/1/2012 dated 27.3.2012 and letter of even number dated 13.4.2012 on the above subject wherein it is advised that all the PSBs must complete the promotion process for the vacancies upto March, 2013 before 30.06.2012. Taking into consideration the academic session and other relevant factors, it has been decided that the process of regular transfer of officers is also completed at the beginning of the year so that the staff is not put to undue inconvenience.

2. In view of the above, the Public Sector Banks are advised for compliance as follows with reference to the Promotions and Transfers:

1) The process for promotion for the vacancies during the year must be completed before June of that year.

2) All transfer orders should be issued by June every year. However, transfer on promotion can be done after June as and when these become due.

3) Any transfer of officers after June, even on administrative exigencies, except on promotion, would require prior approval of the Board of Directors.

4) For promotion during the year APAR upto the previous year must be taken into account. The banks must put in place a system in which APARs are completed in time and are available for the process of promotion.

5) In case exams are to be conducted for promotion at any level, the same should also be held in time so that the promotion process got completed in time.

2. All Banks are requested to obtain the approval of the Board of Directors for the above at the next meeting and to take action accordingly.

3. This issues with the approval of Secretary (FS), DFS.

Yours faithfully,

(Manish Kumar)

Under Secretary to the Government of India

Copy to:-
1. All Govt. Nominee Directors.

2. NIC Cell for placing on the website