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.