RAJEEV K. Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE original petitions filed under Articles 226 and 227 of the Constitution of India, raise issues relating to Inter Commissionerate Transfers (ICT -for short) under the Central Board of Excise and Customs (CBEC -for short).

(2.) THE crux of the issues is as to whether the ICT granted on the basis of spouse ground or compassionate ground deserves to be treated as transfers in public interest for protection of seniority which the officer may be allowed to carry from the parent commissionerate to the commissionerate to which that officer is transferred.

(3.) THEN comes another order dated 05.02.2013, whereby the Tribunal, in a different batch of matters, held ultimately that in the light of letter dated 27.10.2011, issued by the CBEC to all Chief Commissioners, ICT of willing individuals can be considered and transfer granted, but subject to loss of their seniority.