In Brief
The Supreme Court upheld the Kerala High Court's decision validating a 2018 CBIC circular withdrawing Inter-Commissionerate Transfers for Central Excise and Customs Inspectors. The Court held that Recruitment Rules 2016, which lack an enabling provision for ICTs unlike the previous 2002 Rules, prevail over executive instructions. Recruitment rules framed under Article 309 cannot be supplemented by administrative instructions that conflict with their express provisions. However, while affirming the circular's legality, the Court directed the government to revisit the policy to accommodate spousal postings, disabled persons' needs, and compassionate grounds, ensuring compliance with constitutional values of equality, family life protection, dignity, and disability rights.
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