(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 nonexecutive 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.
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(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 nonexecutive 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 nonexecutive 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.
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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.