How are transfers of State Civil Service Officers regulated in Odisha?
Based on: Book Circular No. 42, No. 9165—O.M.-5-55/1967-Gen.
You have received a transfer order, or perhaps you are an establishment clerk tasked with managing the relief of a Gazetted Officer who is protesting their new posting. You might be facing pressure to delay the relief until a substitute arrives, or dealing with a leave application submitted right after the transfer notification. Handling these situations incorrectly can lead to charges of misconduct or administrative dislocation.
The short answer
Under state rules, a Gazetted Officer must normally be transferred after three years at one station and cannot be retained simply because a substitute has not arrived. Controlling authorities must relieve the transferred officer within seven days of receiving the order. Furthermore, applying for leave after a transfer order is issued is strictly prohibited, and any attempt to canvass or lobby to stay the transfer is treated as official misconduct.
What the rule actually says
Government instructions issued in Book Circular No. 42 (No. 9165—O.M.-5-55/1967-Gen.) dated 28th April 1967 lay down the mandatory procedure for the transfer and posting of Gazetted Officers. The circular states:
"Ordinarily, an officer should remain in a particular station for a period of three years in one or more appointments and he should not be transferred earlier unless he is promoted to a higher post."
However, once an order is issued, the circular mandates:
"The controlling authorities, on receipt of the orders of transfer of the officers, shall pass orders to relieve the officers within 7 days of the receipt of the orders and indicate in the said orders as to whom the transferred officers will make over."
The rule makes it clear that transfer notifications are final. They cannot be stayed or cancelled except in extremely rare circumstances strictly justified on public grounds.
How it works in practice
The circular establishes a strict annual timeline and administrative sequence to prevent disruption. The annual schedule for transfers operates as follows:
| Stage | Prescribed Timeline | Action Required |
|---|---|---|
| 1 | First week of April | Competent authorities initiate transfer proposals. |
| 2 | End of April | Transfer orders are approved and notifications are issued. |
| 3 | First week of May | Transferred officers are formally intimated to be in readiness to move. |
| 4 | Post-notification | Controlling authority must issue relief orders within 7 days of receipt. |
When an officer is transferred, the following operational rules apply: * Relief Chain: The transfer order should ideally state who will relieve whom. If it does not, the officer must make over charge to another officer at the same station under the direction of their immediate superior and then proceed to the new post. * Deputation Limits: If an officer is sent on deputation to another department or foreign service, the term is strictly limited to three years. On completion, they must revert to their parent department. They cannot go on another deputation until they have completed a fresh three-year cooling-off period in their parent department. * Home Districts: Transfer proposals must avoid posting an officer to their home district as far as possible. * Field Posts vs. Office Posts: Officers in executive field posts must be transferred after three years. However, the government can transfer them earlier if it is deemed necessary in the public interest.
Where people get this wrong
- Waiting for a substitute: Controlling authorities often delay relieving an officer because no substitute has joined. The rules explicitly forbid this. The authority must move for a substitute but cannot detain the transferred officer. If there is a temporary shortage of officers, the transferring authority should explain this to the concerned station beforehand to prevent any excuses.
- Applying for leave to delay joining: Officers frequently submit leave applications immediately after receiving transfer orders. This is a major pitfall. Under Rule 10, no leave application can be entertained after a transfer notification or D.O. intimation is issued. Doing so creates a presumption that the officer is trying to evade the transfer. The officer must first join the new station and only then apply for leave.
- Lobbying and representations: Using political pressure, approaching higher authorities, or having District Magistrates write letters to cancel transfers are treated as serious violations. Under Rule 13, any canvassing to stop, stay, or cancel a transfer is treated as official misconduct by the officer.
- Special Pay claims: Officers sometimes resist transfers because their current deputation or post carries special pay. However, special pay is strictly attached to the post itself. It cannot be used as a consideration or claim for retaining a post or avoiding a transfer to a post that does not offer it.
Ensure your office strictly complies with the seven-day relief window regardless of whether a substitute has arrived. Ensure that any post-transfer leave applications are summarily rejected with instructions to the officer to apply only after joining their new post. By keeping these strict boundaries in mind, you will prevent audit objections and protect officers from potential misconduct proceedings.