Karnataka Civil Services (Excise Department Officers And Officials Transfer) Rules, 2025

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(iii) (iv) (v) Non executive56 –7 I8 GOVERNMENT OF KARNATAKA No. FD 10 PES 2024 Karnataka Government Secretariat Vidhanasoudha, Bengaluru, Dated:14th May 2025

NOTIFICATION

Whereas the draft of the Karnataka Civil Services (Excise Department Officers And Officials Transfer) Rules 2025, was published as required by sub-section (1) of

Section 3 read with Section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), in Notification No. FD 10 PES 2024, dated 23.01.2025 in Part IV-A of the Karnataka Gazette (Extra Ordinary) No. 49 dated:23.01.2025 inviting objections and suggestions from all persons likely to be affected thereby within 15 days from the date of its publication in the Official Gazette.

And whereas the said Gazette was made available to the public on 23rd January

2025.

And whereas objections and suggestions received in respect of the said draft have been considered by the State Government.

Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 3 read with Section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), the Government of Karnataka hereby makes the following rules, namely;- RULES

1. Title and commencement: - (1) These rules may be called the Karnataka Civil Services (Excise Department Officers And Officials Transfer) Rules, 2025.

(2)They shall come into force from the date of their final publication in the official Gazette.

2. Definitions: - (1) In these rules, unless the context otherwise requires: - a. “Act” means the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of

1990); b. “Executive post” means those posts in the offices in Excise Department as defined in Schedule-I to these rules. c. “Non-Executive post” means all posts which are not included in Schedule-I as executive post will be considered as non-executive posts.

d. “District” means revenue district; e. “Minimum period of service” means officers and officials of different cadres of Excise Department must have completed the following minimum years of tenure in deployed posts for the purpose of transfer, namely,9 Sl Minimum period of Cadre No. service

1. Group-A 2 years

2. Group-B 2 years

3. Group-C 3 years

4. Group-C 5 years (Excise Constable and Head Constable– Related unitwise Seniority) f. “Section” means sections of the Act. g. “Officers/Officials” means officers and officials serving in Group-A, Group-B and Group-C cadres of the State Excise Department;

h. “Officer facing departmental enquiry or criminal proceedings” means the officer against whom the article of charges are issued in departmental enquiry or the officer against whom the charge sheet is filed in criminal proceedings.

i. “Officer facing Lokayuktha proceedings” means the officer has been subjected to trap/raid or the delinquent Government officer in cases departmental enquiry entrusted to Karnataka Lokayuktha /Uplokayuktha.

j. “Transfer” means posting of officers and officials from one place of working or post to another place of working or post of equivalent cadre which excludes changing from one post to another post in the same office.

k. “Competent Authority” means the competent authority for transfer of officers or officials specified in rule 3.

(2) The word and expressions used, but not defined in these rules shall have the same meaning assigned to them in the Act.

3. Competent Authority: - The authority specified in column (3) as the competent authority for the transfer of officers and officials specified in column (2) of the table below.

Sl. No. Cadre Competent Authority

(1) (2) (3) 1 Additional Commissioner of Excise 2 Joint Commissioner of Excise Government 3 Deputy Commissioner of Excise 4 Superintendent of Excise 5 Deputy Superintendent of Excise 6 Inspector of Excise 7 Sub-Inspector of Excise Excise Commissioner 8 Excise Head Constable 9 Excise Constable10

4. Method of Transfer: The transfer of the officer and officials specified at serial numbers 6,7,8 and 9 in the table of the rule 3 shall be only through counseling through digital mode.

5. Priority for transfers: - (1) The transfer shall not be claimed as a matter of right by any officer or official.

(2) An officer or official normally shall not be transferred from an executive post or non-executive post and vice versa unless he/she has completed the minimum years of service in that post.

Provided that, the Competent Authority may order for premature transfer, in public and administrative interest, by mentioning the reasons namely: - i. In case of an officer or official having Special Knowledge/Expertise to be transferred to Central office; or ii. officers and officials having Criminal case or Lokayukta or Departmental enquiry pending shall be transferred to non-executive post; or iii. officers and officials undergoing punishment shall be transferred to non- executive posts.

(3)The transfer of officers or officials shall be done in the following order of priority,

namely:- i. Transfer of officers or officials who have completed the minimum period of service while working in executive posts; ii. transfer of officers or officials who have completed the minimum period of service while working in non-executive posts;

iii. transfer of officers or officials on grounds of serious illness on production of certification from the medical board; iv. transfer in a husband and wife case, if both the officials are government employees; and v. transfer for the reason of disability, the disability certification shall be under the provision of the Rights of Persons with Disability Act, 2016(Central Act 49 of 2016):

Provided that, those who utilise the above mentioned (iii) (iv)and(v) options shall be transferred to non-executive posts.11

(4) The competent authority may undertake transfers of different cadres not exceeding 1% of the sanctioned strength of particular cadre by recording reasons in writing for the reasons other than those cases specified in sub-rules (1), (2) and (3):

Provided that, while transferring on discretionary grounds, it shall be ensured that the officers or officials shall not have disciplinary cases pending or serving punishment period for punishment under Karnataka Civil Services (Classification, Control and Appeal) Rules,1957.

6. Guidelines and Restrictions on Transfers:

1. Joint Commissioner of Excise, Deputy Commissioner of Excise, Superintendent of Excise, Deputy Superintendent of Excise, Inspector of Excise and Sub- Inspector of Excise who have completed the minimum period of service in an executive post shall not be transferred to an executive post in the same district during the next transfer.

2. The Joint Commissioner of Excise, Deputy Commissioner of Excise, Superintendent of Excise, Deputy Superintendent of Excise, Inspector of Excise and Sub-Inspector of Excise shall not be transferred to an executive post in his/her own district, as recorded in his/her service register.

3. If a departmental enquiry or criminal case or Lokayukta case is pending against an officer or official, such an officer or official shall be transferred to a non- executive post.

4. An officer or official on reinstatement from suspension shall be posted only to a non- executive post.

5. The Joint Commissioner of Excise, Deputy Commissioner of Excise, Superintendent of Excise, Deputy Superintendent of Excise, Inspector of Excise and Sub-Inspector of Excise, who have worked in an executive post in Bengaluru Urban for the last five years shall be transferred to district other than Bengaluru urban district.

6. An officer or official undergoing penalty under the Karnataka Civil Service (Conduct, Classification and Appeal) Rules,1957,shall be transferred to a non- executive post only.

7. The Deputy Superintendent of Excise and Inspector of Excise who have completed two continuous terms of office in an Executive post, shall be compulsorily transferred to a non-executive post for the third term of office.

Provided, if sufficient number of non executive posts are not available, for effecting compulsory transfer under this rule, the officer who have served maximum period should be transferred.

8. During transfer of officer or official having less than two years of service may be transferred to non-executive posts of his home district on request.12

9. The transfer guidelines notified by the Department of Personnel Administrative Reforms from time to time shall be applicable for the purpose of transfer of clerical staff, drivers and Group-D cadre employees of the Excise department.

10. No transfer shall be made to keep the officer or official in compulsory waiting period for posting.

7. Misconduct:

1. If any officer or official brings influence seeking transfer to a particular post or place, directly or indirectly, such an attempt shall be construed as grave misconduct, and the officer or official shall be liable for disciplinary action under the provisions of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.

2. If transferred officer or official do not report to transferred post even after utilising the joining time shall be liable for disciplinary action under the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.

3. If other than medical grounds, transferred officer or official applies for leave without reporting to transferred post the leave shall not be granted.

8. Exemptions in relation to Physically Disabled officers and officials.

1. Exemption shall be given to disabled officers or officials from periodical and repetitive Transfers.

2. After the recruitment and promotion of disabled officer or officials shall be posted to nearby places.

3. In case the officers or officials becomes handicapped or disabled while in service shall be transferred to nearby places after the submission of certificate issued by the competent medical board.

9. Kalyana Karnataka posts. - The officers and officials recruited against vacant posts of the Kalyana Karnataka area offices in different cadres under the provisions of Article 371(j) of the Constitution of India shall not be transferred to places other than Kalyana Karnataka area except to the head office.

By order in the name of Governor of Karnataka Sd/- (Bhimappa P Ajoor) Under Secretary to Government Finance Department (Excise)R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 13 Schedule-I Sl Executive Posts Offices No.

1 2 3

1. Additional Commissioner of Additional Commissioner of Excise (E&C), Excise(Enforcement & Crime) Head quarter, Belagavi

2. Joint Commissioner of Excise Excise Divisional office

3. Deputy Commissioner of District Excise office Excise

4. Superintendent of Excise Additional Commissioner of Excise (E&C), Head quarter, Belagavi/Excise Divisional office/ District Excise office

5. Deputy Superintendent of Excise Sub Divisional office Excise

6. Inspector of Excise

7. Sub Inspector of Excise Excise range office/Excise check post

8. Excise Head Constable

9. Excise Constable Sd/- (Bhimappa P Ajoor) Under Secretary to Government Finance Department (Excise) [ ಮುದ(cid:206)ಕರು (cid:178)ಾಗೂ ಪ(cid:206)(cid:144)ಾಶಕರು:- ಸಂಕಲ(cid:163)ಾ(cid:297)(cid:144)ಾ(cid:312)ಗಳ(cid:133), ಕ(cid:163)ಾ(cid:143)ಟಕ (cid:170)ಾಜ(cid:205)ಪತ(cid:206), ಸ(cid:144)ಾ(cid:143)(cid:312) (cid:144)ೇಂದ(cid:206) ಮುದ(cid:206)(cid:158)ಾಲಯ, (cid:166)ೆಂಗಳ(cid:136)ರು