Regime on arbitrary transfers in Uttarakhand

Despite the announcement of zero session, the government has taken notice of the transfer of personnel in some departments. The government has banned such arbitrary transfers. Also invalidated all transfers made during zero session. Additional Chief Secretary Personnel Radha Raturi has issued orders in this regard. All the Heads of Departments have been instructed to follow the guidelines issued in respect of zero transfer session of Personnel Department. All Additional Chief Secretaries, Principal Secretaries, Secretaries, In-Charge Secretaries, Additional Secretaries, Divisional Commissioners, District Magistrates, Heads of Departments and Headquarters of the State The letter issued stated that the Department of Personnel on 20 May had reduced the annual transfer session to zero in the year 2020-21.

It was also provided that if a transfer of an officer and employee is required under the Transfer Act, a reasonable proposal for it should be sent to the Transfer Committee. The committee will consider the said proposal, but the department has received complaints that many departments have transferred it as per the wishes of the officers and employees despite the declaration of zero transfer session. There was no need to seek the consent of the Personnel Department. The Department of Personnel has considered it a violation of the mandate.

For your information, let us tell you that the Department of Personnel also found that in some departments, arbitrary interpretation of the provisions of the transfer law is being transferred in zero session. Can not be transferred under section 21 (3). The Department made it clear that under the Transfer Act, appropriate transfers be made to the Transfer Committee constituted under the chairmanship of the Chief Secretary for transfer of officer, employee or to solve departmental difficulties. All transfers made without obtaining the recommendation of the Transfer Committee will be considered invalid.

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