SRINAGAR: The Jammu and Kashmir Government has clarified that its transfer policy does not impose an absolute ban on premature transfers, allowing employees to be moved before completion of the prescribed minimum tenure in specified circumstances and with prior approval of the Minister-in-Charge.
The clarification was given by the General Administration Department (GAD) in response to an Unstarred question by MLA Rajiv Jasrotia during the sixth session of the J&K Legislative Assembly.
Under Government Order No. 861-GAD of 2010 dated July 28, 2010, the minimum tenure of a government employee on a post is two years, while the maximum tenure is three years.
The policy, however, permits premature transfers where they are considered unavoidable in the interest of administration, provided they are ordered with the prior approval of the Minister-in-Charge and reasons are recorded.
The Government said the policy also allows an employee to be transferred before completing the minimum tenure in specified circumstances.
These include cases where the employee’s performance is found to be below the job requirement, where there are grounds for initiating an inquiry or disciplinary proceedings, or where continuation of the employee on the post is not considered to be in the public interest or the interest of administration.
Transfers before completion of the minimum tenure are also permissible on health grounds where the request is supported by medical certificates issued by duly constituted Medical Boards.
The Government said such transfers must also have the prior approval of the Minister-in-Charge, with reasons recorded.
Complaints over transfers
On allegations that premature transfers were being ordered in lieu of monetary considerations or to accommodate favourites, the GAD said it receives representations and complaints concerning transfers and postings, including allegations of premature transfers.
Such complaints are examined by the concerned Administrative Departments in accordance with applicable rules and procedures, it said.
However, the Government said no general conclusion that transfers were ordered for monetary considerations or to accommodate particular individuals could be drawn merely from the receipt of complaints or representations.
The response did not provide a department-wise list of complaints or specific action taken on individual cases in the material supplied.
Government rejects premise of irregular appointments
On allegations that appointments had been made in various departments without formal public notifications or advertisements, in violation of Articles 14 and 16 of the Constitution, the Government said recruitment to government posts is undertaken according to the applicable recruitment rules through designated recruiting agencies.
The recruitment process, including issuance of requisite notifications or advertisements and selection of candidates, is carried out by the designated agencies in accordance with the prescribed rules and constitutional requirements, the GAD said.
It therefore stated that the premise of regular appointments being made to government posts without following the prescribed recruitment process does not arise in cases of recruitment undertaken through the designated recruiting agencies.
The reply did not provide the department-wise details of appointments sought in the Assembly question.
