Redefining powers

23/10/2018

Governor's administration has re-defined the powers of the Administrative Secretaries and the Heads of the Departments for effecting transfers and postings by making major changes in the Transfer Policy notified more than eight years back with the approval of the State Cabinet. The Transfer Policy was approved by the State Cabinet vide Decision No.156/12/2010 dated July 27, 2010 and it was notified by the General Administration Department vide Government Order No.861 dated July 28, 2010. Under Clause-D of the Policy, powers about transfers and postings were clearly defined so as to avoid confusion and to ensure transparency at all the levels in this regard.
However, in pursuance of Section 2 of the Jammu and Kashmir Delegation of Powers Act, 2018 (Governor's Act No.1 of 2018) and in partial modification of Notification SRO 281 dated June 23, 2018, the Governor made certain amendments vide SRO 307. It was specifically mentioned in SRO 307 dated July 11, 2018 that every transfer proposal shall be processed in accordance with the provisions of the J&K Government Business Rules and Transfer Policy notified vide Government Order No.861-GAD dated July 28, 2010. By way of this notification, it was explicitly conveyed that all proposals relating to powers of transfer, which are presently delegated in the Transfer Policy at Item No. I, II, III, IV and V shall be submitted to Administrative Departments for decision. Now, by way of new SRO 479 dated October 19, 2018, the Governor has made further amendments in the earlier notifications and changes in the Transfer Policy of 2010.
The provision of submission of proposals relating to powers of transfer to the Administrative Departments in respect of all categories of the employees has been completely omitted. In the Transfer Policy of 2010, powers about transfers and postings of district cadre non-gazetted employees within the district and divisional cadre non-gazetted employees within the division were delegated to district level officer and divisional head of the department respectively. About inter-divisional transfers of first gazetted level officers, in the Transfer Policy of 2010 the powers were delegated to State level head of the Department concerned. Notwithstanding latest changes vis-à-vis powers to make transfers and postings, the provisions of the Transfer Policy of 2010 are not strictly adhered to even by the General Administration Department, which otherwise is supposed to be role model for all other departments.

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