Srinagar, Sept 30: The Jammu and Kashmir Government has told the Legislative Assembly that there is no blanket prohibition on premature transfers of government employees, with the existing transfer policy allowing such moves in specified circumstances subject to prior approval of the Minister-in-Charge.
The government made the clarification in response to a Question by BJP MLA Rajiv Jasrotia during the ongoing Assembly session. The question had sought details of alleged premature transfers despite instructions against them, including in the Public Works (R&B), School Education and Rural Development departments.
According to the government, the transfer and posting policy notified under Government Order No. 861-GAD of 2010 prescribes a minimum tenure of two years and a maximum tenure of three years for a government employee on a post. For important time-bound projects, the tenure can be extended up to five years where continuation of an officer is considered necessary, with the reasons to be recorded and approval of the Minister-in-Charge required.
The policy also permits premature transfers where they are considered unavoidable in the interest of administration, provided the Minister-in-Charge gives prior approval and reasons are recorded.
An employee can also be transferred before completing the minimum tenure if performance is found below the required standard, grounds exist for initiating an inquiry or disciplinary proceedings, continuation is considered contrary to public or administrative interest, or the transfer is sought on medical grounds supported by certification from a duly constituted Medical Board.
The government said such transfers, when carried out in accordance with the prescribed conditions and procedure, cannot be treated as violations of the existing transfer policy because prior approval of the Minister-in-Charge is required on justifiable administrative grounds.
On allegations that premature transfers were being ordered in exchange for monetary considerations or to accommodate favourites, the government said it receives representations and complaints regarding transfers and postings from time to time.
Such complaints, it said, are examined by the concerned administrative departments in accordance with the applicable rules and procedures. However, the government said no general conclusion can be drawn that transfers were ordered for monetary considerations or to accommodate particular individuals merely on the basis of complaints received.
The government was also asked whether appointments had been made in various departments without formal public notifications or advertisements, allegedly violating Articles 14 and 16 of the Constitution.
In response, the government said recruitment to government posts is undertaken under the applicable recruitment rules through designated recruiting agencies. It said the process, including issuance of notifications or advertisements and selection of candidates, is carried out in accordance with the prescribed rules and constitutional requirements.
It therefore said the premise of appointments being made to government posts without following the prescribed recruitment process does not arise in respect of regular recruitment conducted through designated recruiting agencies.
