Periodical transfer to non-gazetted railway employees

Railway Board Circular on Periodical transfer of non-gazetted Railway employees holding sensitive posts or in official contact with public, contractors or suppliers

Ministry of Railways issued a Circular RBE NO.158/2015 regarding Periodical transfer to non-gazetted railway employees

RBE NO.158/2015

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

No.E(NG)I-2009/TR/7

New Delhi, dated 17.12.2015

The General Manager(P)s,

All Indian Railways & Production Units.

(As per standard list).

Sub : Periodical transfer of non-gazetted Railway employees.

In terms of the extant policy, Railway employees holding sensitive posts including those’ who frequently come into contact with public and/or contractors/suppliers, are required to be transferred every four years. A comprehensive list identifying such posts was also prepared and circulated to the Railways. All the instructions issued by Board from time to time in this regard were consolidated at a glance and issued to Zonal Railways & Production Units under Board’s letter of even number dated 03.04.2012(copy enclosed) for better implementation of this policy.

2. It has come to the notice that the above policy instructions/guidelines of Board are not being followed in letter and spirit by some of the field units. It is, therefore considered essential to re-iterate Board’s policy on Periodical/rotational Transfer for strict compliance in its true spirit.

(Arvind Kumar)

Executive Director Estt (N)

Railway Board

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GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

No. E(NG)I-2009/TR/7

New Delhi, dated 03 .04.2012

The General Managers (P)

All Indian Railways/PUs

As per standard list.

Sub: Periodical transfer of non-gazetted Railway employees.

Pursuant to the decision taken in the DC/JCM meeting held on 4th May & 29th June, 2011, while taking the views of both the Federations viz AIRF & NFIR into consideration, instructions on the subject of periodical . transfer were issued in a consolidated form on 03.02.2012 incorporating crux/operative parts of the previous rules. Both the federation have now desired that consolidated instructions should have been in a broad form so that, the employees falling under the policy of Periodical Transfer can have more advantage of such policy at a glance. Consequently the matter has again been considered and it has been decided to reiterate these instructions in a widened form covering all the guidelines particularly as contained in Board’s letter No.E(NG)l/2000/TR/17 dated 26.06.200tl, as below, for strict compliance by all concerned.

(i)	No.E(NG)lln81TR/85 dated 27.04.79	In terms of the instructions contained in the Ministry’s marginally noted letters, Railway employees holding sensitive posts, including those who frequently come into contact with public and/or contractors/suppliers, are required to be transferred every four years. For this purpose, a comprehensive list of sensitive posts has also been circulated. The thrust of these instructions is on transfer from one place to another. However, when transfer of such employees to a different place is not possible, they are to be shifted to a different non-sensitive seat in the same place to meet the requirement of periodical transfer.
(ii).	No.E(NG)lln81TR/82 dated 07.02.80
(iii)	No.E(NG)l/80/TR/28 dated 22.08.80, 31.12.81, 19.02.86 and 16.10.87
(iv)	No.E(NG)l/87/TR/34/NFIR/J CM/DC dated 27.09.89 and 17.11.92
(v)	No.E(NG)l/94/TR/29 dated 02.05.95
(vi)	No.E(NG)l/96/TR/42 dated 26.11.96.

(i).	No.E(NG)l/80/TR/28 dated 22.01.82, 19.02.86, 16.10.87, 21.7.88 and 13.04.89.	Instructions also exist vide this Ministry’s letters quoted in the margin that Ticket Checking staff as also other staff in mass contact areas, detected to be indulging in malpractices should be sent on inter-divisional transfers as a matter of policy. Besides, the case of the staff who have repeatedly figured in substantiated vigilance cases and where penalties have been imposed, are required to be reviewed at appropriate level and such staff are also to be transferred on inter-divisional basis. Such Ticket Staff may however, be transferred to an adjoining Division on the same Railway or to a Division of some other Railway adjoining the Railway from which they are transferred if employee concerned make a request to that effect. The ticket checking staff who have been transferred out of the Division on complaints of corruption and who were later exonerated or awarded a penalty of censure, may not be brought back to the parent Division, even if they so desire.
(ii).	No.E(NG)l/92/TR/32/JCM/DC dated 10.08.93, 05.05.94 and 29.06.95.
(iii)	No.E(NG)l-98/TR/11 dated 30.10.98 and 02.11.98

(i)	No.E(NG)ll/77/TR/112 dated 06.02.1978 & 27.05.1978	The genuine grievance of the staff transferred at the instance of S.P.E. and Vigilance Organization, may be heard by the Divisional Railway Manager in respect of divisionally controlled staff and by the Chief Personnel Officer (A) in respect of Head Quarters controlled staff before a final decision to effect the transfers is taken.
(ii)	No.E(NG)ll-70/TR/28 dated 14.10.70	General Managers could however, exercise their discretion to transfer

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

No. E(NG)l-2009ffR/7

New Delhi, dated 03 .04.2012

The General Managers (P)

All Indian RaUways/PUs

As per standard list.

Sub: Periodical transfer of non- gazetted Railway employees.

Pursuant to the decision taken in the DC/JCM meeting held on 4th May & 29th June, 2011, while taking the views of both the Federations viz AIRF & NFIR into consideration, instructions on the subject of periodical transfer were issued in a consolidated form on 03.02.2012 incorporating crux/operative parts of the previous rules. Both the federation have now desired that consolidated instructions should have been in a broad form so that, the employees falling under the policy of Periodical Transfer can have more advantage of such policy at a glance. Consequently the matter has again been considered and it has been decided to reiterate these instructions in a widened form covering all the guidelines particularly as contained in Board’s letter No.E(NG)l/2000ffR/17 dated 26.06.2006,as below, for strict compliance by all concerned.

(i)	No. E(NG)ll/78ffR/85 dated 27.04.79	In terms of the instructions contained in the Ministry’s marginally noted letters, Railway employees holding sensitive posts, including those who frequently come into contact with public and/or contractors/suppliers, are required to be transferred every four years. For this purpose, a comprehensive list of sensitive posts has also been circulated. The thrust of these instructions is· on transfer from one place to another. However, when transfer of such employees to a different place is not possible, they . are to be shifted to a different non sensitive seat in the same place to meet the requirement of periodical transfer.
(ii).	No. E(NG)ll/78ffR/82 dated 07.02.80
(iii)	No.E(NG)l/80ffR/28 dated 22.08.80, 31.12.81, 19.02.86 and 16.10.87
(iv)	No.E(NG)l/87ffR/34/NFIR/JCM/DC dated 27.09.89 and 17.11.92
(v)	No.E(NG)l/94ffR/29 dated 02..05.95
(vi)	No.E(NG)l/96ffR/42 dated 26.11.96.

(i).	No.E(.NG)l/80fTR/28 dated 22.01.82, 19.02.86, 16.10.87, 21.7.88 and 13.04.89.	Instructions also exist vide this Ministry’s letters quoted in the margin that Ticket Checking staff as also other staff in mass contact areas, detected to be indulging in malpractices should be sent on inter-divisional transfers as a matter of policy. Besides, the case of the staff who have repeatedly figured in substantiated vigilance cases and where penalties have been imposed, are required Jo be reviewed at appropriate level and such staff are also to be transferred on inter-divisional basis. Such Ticket Staff may however, be transferred to an adjoining Division on the same Railway or to a Division of some other Railway adjoining the Railway from which they are transferred if employee concerned make a request to that effect. The ticket checking staff who have been transferred out of the Division on complaints of corruption and who were later exonerated or awarded a penalty of censure, may not be brought back to the parent Division, even if they so desire.
(ii).	No.E(NG)l/92fTR/32/JCM/ DC dated 10.08.93, 05.05.94 and 29.06.95.
(iii)	No.E(NG)l-98fTR/11 dated 30.10.98 and 02.11.98

(i)	No.E(NG)ll/77fTR/112 dated 06.02.1978 & 27.05.1978	The genuine grievance of the staff transferred at the instance of S.P.E. and Vigilance Organization, may be heard by the Divisional Railway Manager in respect of divisionally controlled staff and by the Chief Personnel Officer (A) in respect of Head Quarters controlled staff before a final decision to effect the transfers is taken.
(ii)	No.E(NG)ll-70fTR/28 dated 14.10.70	General Managers could however, exercise their discretion to transfer non-gazetted staff from Stations/Posts against whom there are complaints – the man with longest stay being shifted first and those on the verge of their retirement {with one (1) or two (2) years service left} may be exempted if complaints against them are not serious.
(iii)	No.E(NG)I-81fTR/19 dated 23.05.81	Frequent transfer of Railway servants should not be ordered. When the transfer of the railway servant is on temporary basis, the same should be mentioned in his transfer orders.
(iv)	No.E(NG)l-2002fTR/19 dated 13.9.2002	Station Masters/Assistant Station Masters posted at Way Side Stations involved only in train passing duties and not doing any commercial duties may be exempted from the purview of . the periodical transfer.

(i)

No.E(NG)l–2009fTR/7 dated 04.03.201 O

It was emphasized that while ensuring compliance and the fundamental
objectives of the scheme of periodical
transfers, the academic session of the children of the employees being transferred may also be kept in view.

(i)	No.E(L)60UT1-31 dated 19.02. 1960	The instructions as contained in Board’s various letters prescribing the procedure for transfer of Union. Office bearers as reiterated vide Board’s letter No. E(LR)III-79/UTF/14 dated 16.01.1980, still hold good. Kindly ensure compliance.
(ii).	No.E(L)61PE1-43 dated 31.07.1961.
(iii)	No.E(LR)75 UT1-176 dated 08.08.75 and
(iv).	No.E(LR)lll/79/UTF/14 dated 16.01.1980 . No.E(L)64 UTl-113 dated 06.10.1964 & 21.11.1964.

2. It has, time and again, been noticed by this Ministry that the extant instructions on periodical transfer are being interpreted differently by different Railways. The position in this regard, is clarified in the following paragraphs. The instructions for periodical transfer of Railway employees cover two broad categories of staff:-

	(i)	(a) The first category includes staff of Commercial Department (such as Commercial Supervisors, Enquiry-cum-Reservation Clerks/Booking Clerks, Goods Clerks, Parcel Clerks, Ticket Checking staff etc.) and the staff of the Operating Department (SSs/SMs/ASMs etc.)
		(b) In order to avoid large scale dislocation in the case of this category of staff, periodical transfer may, as far as possible, be effected without involving a change of residence of the staff concerned, so long as the fundamental objectives of such transfers can be achieved by transferring such staff to a different location in the same station or to a different station in the same urban agglomeration.
		(c) However, the instructions regarding inter divisional/inter-railway transfer of staff detected to be indulging in malpractices or substantiated vigilance cases shall continue to be strictly complied with.
	(ii)	In the second category, consisting mainly of staff working in offices such as Pay Bill Sections, Stores Offices, Accounts Offices, Fuel Sections, Medical Department, etc., who cannot normally be transferred to another place for reasons like the seniority unit being different/very small, the office being localized etc. a change in seat which will result in change in the nature of job being performed by the staff, will meet the requirement of periodical transfer.
3.		While referring to this circular, the original letters referred to herein should be read for proper appreciation. This circular is only a consolidation of the instructions issued so far and should not be treated as a substitution to the originals. In case of doubt, the original circulars should be relied upon as authority. If any circular on the subject which has not been superseded, has not been taken into consideration while preparing this consolidated letter due to oversight, the said circular should be treated as valid and operative.