CENTRAL EXCISE SUPERINTENDENTS ASSOCIATION OF MUMBAI (UNIT OF AIACEGEO)
(Disclaimer- The views expressed in the Blog post is purely for the consumption of members of CESA-MUMBAI only and the data/facts contained therein should be first verified with authentic source, before using the same, by anyone.)
Sir, Sub:- Undue delay in Rotation,
Transfer & Repatriation of Officers – Reg.
With reference to the above, it is observed
that the Orders are being issued but are not being fully implemented as some of
the officers under orders-of-transfer are not being relieved on
one-or-the-other pretext. To have fair rotations & transfers, a policy has
been formulated but the same is not being followed in letter and spirit, which
creates a lot of resentment amongst the officers posted to various formations
and are waiting for their repatriation orders.
To be more precise, a skilled, experienced
and knowledgeable officer never has to approach their Senior Officers for any
postings. Automatically his work speaks for itself and he is utilized by the
senior officers / Administration and becomes an asset to the Department. But
nowadays, very often it happens that when there is a change in the leadership of
an Organization, the new incumbent pulls in officers of his choice either from
his earlier posting or officers known to him earlier. They perceive that they
will not be able to perform with the current set of officers available under
their command. They “indent” the officers and an informal request is made to
make the known officers available. If this method does not work, then they
themselves make every effort to get the said set of officers posted. Cadre
Control office should not be a party to a syndicate who are keeping officers
more than the prescribed tenure and allowing the same set of officers to serve
in various grades even after promotions, decade after decade.
It is also observed that officers who are
close to the previous senior officers are discarded by the new incumbents, even
to the extent of shunting them out with false allegations, much to the
detriment of the organization and its staff.
This amply shows that the service of these
skilled officers are not utilized for the improvement in the performance of the
organizations they are posted in, but for the senior officer’s own
self-interests, whether it is DRI, DGCEI, ED, Settlement Commission,
Commissioner(Appeals), Adjudications, etc.
Sir, the rosters are made for LTU, Pune and
M&P. If the officers are not rotated in time, the very purpose of making
the roster is defeated, and in the eyes of the officer, the presence of the
Administration is not felt and all policies made are useless.
The tenure is fixed, the orders for
rotation and repatriations are to be issued on time, without any delay &
As regards to DRI, DGCEI, ED, Settlement
Commission, Vigilance, NACEN, etc., officers who have completed their
deputations tenure (either 3 or 5 years + 2 years extension) or a loan posting
1 year, are to be repatriated immediately. No further extensions should be
granted to them by obliging the individual senior officers, which sends a very
wrong signal to the field formations.
It is earnestly requested that the
Administration of the Cadre Control (Mumbai Zone) work be strengthened by
making it an exclusive cadre controlling authority, like other zones in CBEC,
and segregating the work of the Establishment section of Mumbai-I
Commissionerate, like other Commissionerates. More staff also needs to be
posted in the Confidential & Establishment section of CCO for this purpose
so that necessary care is taken for each cadre under the Cadre Controlling
In view of the above, it is requested that
the following actions be taken to make the CC office more effective &
prompt in respect of staff welfare measures :-
issue the transfer & repatriation orders in respect of officers posted to
M&P / Pune / LTU-Mumbai and ensure that officers under orders-of-transfer
be relieved at the earliest.
good number of officers are now being transferred from Mumbai Service Tax Zone
to Pune / M&P, but no replacement officers are posted. Officers repatriated
are posted back to their parent zones i.e., Zone-I or Zone-II. It is requested
that the officers on the roster for ST of CX Zone-II should be posted to Mumbai
Service Tax zone.
orders for transfer on compassionate grounds are to be issued on priority basis
and to ensure that the officer is relieved immediately, so that the relief
intended is received.
requests for transfer on medical grounds for self or because of illness in the
family are to be considered on top priority.
representation received from officers is to be replied to appropriately, so
that transparency & fairness in Administration will prevail.
In Chennai, 69 officers, who were deprived of the 3rd
MACP upgradation to GP 6600, approached the Chennai CAT and prayed for the
is therefore prayed that this Hon’bleTribunal may be pleased to direct the respondents to grant 3rd MACPto the applicantsbyfixing them in the Pay Band -3in
Rs.15600-39,100 /-with Grade PayRs.6600/- on completion of30 years of servicein the light of thedirections given by Hon’ble High Court Madras
in W.P.no.19024/2014dated8.12.2014and the decision of the Department ofPersonnel and Training communicatedby the Central Board of Excise and Customs, Department of Revenue, New
Delhi dated26.5.2015with all consequential andattendant benefits includingarrearsofpayand allowances and passsuch other order or orders as may be deemed
fit and thus render justice.
matter is high on board – date is fixed for 19-Feb-2016. Hoping for a
the Shillong Cadre Controlling Authority, an officer approached the Guwahati
CAT and got a favourable order against recovery, vide its order OA No.
040/00416/2014 dated 26-June-2015, which has observed the following :-
12. In view of the foregoing discussions, the OA
is allowed in terms of Hon’ble Madras High Court in the case of Shri R.
Chandrasekaran (supra) which has already been settled by the above
clarification of DOPT and Ministry of Finance, New Delhi. Consequently, the
orders dated 25.10.2011 as well as 07.08.2013 and last pay certificate dated
24.11.2014 are set aside. No order as to costs.
judgements from Calcutta CAT has been issued quashing the recovery proceedings.
THE BOARD OFFICE, THE SAID ISSUE IS PRESENTLY BEFORE THE MINISTRY OF
EXPENDITURE. BOARD IS PURSUING DOPT FOR EARLY REPLY. DOPT HAS ONLY GIVEN THE
BENEFITS TO PERSONS WHO HAVE APPROACHED THE CAT/COURT FOR CONTEMPT.
of the Promotee IRS Officers were held on 6-Feb-2016. On the issue of RRs as
well as Mumbai CAT judgement and caveat filed by Board in the Mumbai High
Court, was discussed. To safeguard the interests necessary preventive measures
were discussed and shortlisted those that were to be adopted. About regularization
of adhoc promotions and flaws in the promotion orders issued by the Board
giving benefits to other stake holders was also discussed and a strategy was
chalked out. The President of All India Inspector Association, Shri Anupam Neeraj,
alongwith their officer bearers and also office bearers of CESA, Mumbai attended
the said meeting. The issue of MACP was also raised. Solidarity to the
agitational programme of Confederation against the recommendations of the 7th
Pay Commission and other issues was taken. It was also resolved to work unitedly
with Inspectors & Superintendents towards staff welfare measures &
career progression without any precondition or reservation.
Mumbai-CAT, OA No. 695/2015 on regional disparity was scheduled to be heard on
01-Feb-2016 but the same was adjourned to 04-Apr-2016.
i)OA No. 588/2014, contesting the sanctioned strength
position was scheduled to be heard on 02-Feb-2016, but due to non-availability
of the Bench, the same was adjourned to 22-Feb-2016.
ii)Three OAs filed by Promotee IRS officers against
holding of Review DPC was scheduled high on board but due to non-availability
of the Bench, the same was adjourned to 22-Feb-2016
iii)OA No. 633/2015, on 3rd MACP filed
by Shri Ratnaparkhe & Others, was adjourned to 14-Mar-2016.
OAs on the implementation of the Parmar SC judgement, is scheduled to be heard
of Review DPC
you are aware, the Board has filed an application in the Principal-CAT, New
Delhi to transfer all the OAs from the respective CAT benches to the Principal
CAT, New Delhi. In the case of three OAs filed in Mumbai-CAT, all these are
listed as high on board but due to non-availability of the Bench, the same was
adjourned to 22-Feb-2016.
Principal-CAT, on transfer, the applicants contested against the transfer as
their case is in final stage in Mumbai. Matter is being heard today. Argument
has taken place. Shri Brahmakshatri and his Counsel from Mumbai appeared & impressed
upon the Bench citing the detailed position of Mumbai CAT and opposed the
transfer. However, the Departmental Counsel requested for passover, as he was not
ready to present the matter. When the Passover turn came and the Bench called
the number, the Departmental Counsel was not present. Hence, the matter is
adjourned to 19-Feb-2016.
meeting of all the IRS Promotee officers is scheduled to held in Mumbai on
06-Feb-2016 and the delegates from all over India is likely to participate. The
main agenda points for deliberations are as follows :-
out the strategy on CAT’s decision on RRs
the pros & cons of regularization of adhoc promotions.
proceedings for those who have been granted 3rd MACP in GP Rs.6600/-
of CESA, Mumbai will also participate in the meeting. Delegates of Inspector
Assc., Mumbai, will also join the deliberations.
AFTER almost 22 months since the
First Tax Administration Reform Commission (TARC) Report was submitted to the
Union Finance Minister, Mr Arun Jaitley, the North Block babudom sprang two
surprises last Tuesday. Even if we count it from the last Budget Day when Mr
Arun Jaitley in his Budget Speech (Para
117) stated that the TARC recommendations were in advanced
stage of examination, it took more than 11 months for him to design the latest
'surprises'. I am sure it may have failed to surprise many tax administration
analysts as they may not see any foresighted element of organisational reform
in it but this was perhaps the only easy leeway for Mr Jaitley to ward off 'inhouse as well as outside'
pressure demanding implementation of the TARC recommendations.
What were the key
recommendations? - a) Abolition of the post of Revenue Secretary and 2)
Creation of Governing Council; Tax Council and Tax Policy & Analysis Unit.
While talking about the
position of the Revenue Secretary who holds the numero uno position in the Department of
Revenue, the TARC Report observed, "...
heis likely to
have little experience or background in tax administration at the national
level and little familiarity with tax, including international tax, issues that
are increasingly taking centre stage in emerging global challenges in taxation.
Yet he is the final signatory on decisions on tax policy and administration
matters prior to their arrival for the Finance Minister’s consideration."
The Report further notes, "...
this is not the first time that a government committee has found that the post
of Revenue Secretary is superfluous. It was considered by the Tax Reforms
Committee, 1992, chaired by Prof. Raja J. Chelliah ..."
The TARC Report further
underlines that the post of Revenue Secretary does not merit presence in a modern
tax administration. Instead, a Governing Council should be
introduced with the chairs of the Boards alternating as its chairperson. In
this manner, the TARC adds to the tenor of the Chelliah Committee in that India
should benchmark itself with modernizing tax administrations by not only removing
the position of Revenue Secretary but by replacing it with a Governing Council
that should include members from the non-government sector as well. The Report
notes that Governing Council will oversee the functioning of the two Boards and
approve broad strategies to be adopted by the tax administration to fulfill the
objective of a more coordinated approach to the administration of the two taxes
– direct and indirect – and create a structure which is independent. Such a
coordinated approach also improves the focus of the tax administration towards
its customers or taxpayers.
How scornfully both the
recommendations of the TARC were treated by the Government can be seen from the
contours of the two 'surprises'. The PIB Release states that considering the
TARC recommendations, the Government has created a Tax Policy Research Unit
(TPRU) and a Tax Policy Council (TPC). First, there is no notification or
Office Order or Office Memo in this regard in the public domain. The only
document available for reference is the PIB Press Release. Secondly, why were the key recommendations not
accepted by the Government is not yet known. If there is a
valid or legitimate reason for rejection of TARC key recommendations the social
media-friendly Government should share it. The Nation has a right to know why the PMO or the North
Block moved miles away from the key recommendations?
While showing contempt to
the first recommendation of the Shome Panel, the Government has created a Tax
Policy Research Unit under the tutelage of the Revenue Secretary. Strange,
strange & strange!! If the Government is so logically convinced that the
post of Revenue Secretary held by a generalist is so indispensable to our
present system where was the need to set up a Reform Commission? Even if it was
set up by the previous Government, it was a commission of domain experts whose
observations did merit proper and reasoned rejection.
Going by the configuration
of the new hybrid apparatus it smacks of perpetuation of 'extreme administrative feudalism'
being practised by one particular Service in the Government of India. At a time
when the global trend is to move towards specialists in every minute domain,
the NDA Government continues to rest on the shoulders of the generalist Service
which evidently believes in 'territorial
expansionism' rather than allowing the specialists to operate
in their own technical domains. It is shocking that this is how a modern
Government intends to run modern tax administration in India. Ideally, in
today's time, every Government should reduce the space given to generalists and
involve more and more of specialists. No doubt, the generalists have a role to
play but certainly not
in the domain of technicalities.
As per the Press Release,
the TPRU shall comprise of officers from both the Central Board of Direct Taxes
(CBDT) and Central Board of Excise and Customs (CBEC) as well as economists,
statisticians, operational researchers & legal experts. Member (L&V),
CBDT and Member (Budget), CBEC will be the link officer between TPRU and CBDT
and CBEC. The unit will be headed by an officer of the level of Chief
Commissioner at functional level alternatively from CBDT and CBEC for a fixed
tenure, who will directly report to Revenue Secretary. Here, both the Chairmen have clearly been bypassed.
From this information it can be seemingly inferred that the Government has not dismantled or merged the existing
TRU and TPL in the new apparatus. The TPRU is the new body
which will do research and analysis independently. Certain issues of research
might be referred to it by both the Boards and its findings will enable the
Revenue Secretary and the Finance Minister to have a holistic picture of the
The fact that even both
the Revenue Boards are often seen struggling to find willing officers to
work with them, where will the TPRU find 20 officers for its research-oriented
activities? Secondly, will the Government be able to hire economists &
other professionals at the market rate? If yes, can the Government discriminate
between its own full-time employees and those on contract? Although nothing
concrete can be said at this stage but my fear is that such a body may not last
for long and may fall in
disuse if it fails to provide meaningful research. In such a
scenario, it may be reduced to a status where it becomes a haven for desperate deputationists
looking for a slot in Delhi for their personal reasons rather than
organisational interests. There are too many such Directorates in the
Government today which qualify as 'placid' entities.
Let's now take a look at
the Tax Policy Council. The TPC will look at all the research findings coming
from Tax Policy Research (TPRU) Unit and suggest broad policy measures for
taxation. The Council will be advisory in nature, which will help the
Government in identifying key policy decisions for taxation. This Council has FIVE generalist Secretaries
to the Govt of India. And both the heads of the Revenue Boards who could
actually contribute to the deliberations on technical issues are going to be SPECIAL INVITEES!! The
topic of discussion at every meeting of the TPC headed by the Finance Minister
would be taxation but without a tax policy expert.
In this backdrop, it may
be pertinent to recall how one particular Revenue Service was recently singled
out for public humiliation by none other than the Prime Minister himself! While
chairing his ninth interaction through PRAGATI — the ICT-based, multi-modal
platform for Pro-Active Governance and Timely Implementation, the PM is
believed to have told the Chairman of the Revenue Board that there are too many
complaints against his officers and the 'chhavi'
(image) of his Department is not good. The PM may be right in his observation
but this does not call for public humiliation of an institutionalised service
which is serving the cause of the Exchequer for several decades. There is no
Government Department or a Service whose members have not been arrested on
corruption charges? If one goes by the latest data of the Directorate of Public
Grievances, the maximum complaints have been lodged against the EPFO, Railways,
Telecommunication, Banking & Insurance. Does it mean that all the officers
in these sectors are equally corrupt and their 'chhavi' is bad? If it is so, does it not
amount to failure of the Government which cannot abdicate its public
accountability by merely humiliating heads of one or two Services?
Going by the growing
consolidation of administrative space by the one particular All India Service
in the NDA Government it may appear to many Govt watchers that a subtle
conspiracy is being hatched against specialist services and that is how the top
layer in the Government has been publicly assailing its own technical arms and
increasingly leaning on generalists to rule or ruin the country. Let's hope it
is not true and the Government takes immediate corrective measures to alter the
growing public perception about the ruthless consolidation of administrative
space by one particular All India Service. But, if it is true, the trade and
industry should be gearing up to witness even the proposed GST system being
implemented by the generalists !!
the occasion of the 67th Republic Day celebrations, CESA, Mumbai,
congratulates all the officers from the Department who have been awarded the
distinguished President’s Appreciation Certificate for –“Specially distinguished
record of service” for the year
2016. In all, around 34 officers, from Principal ADG to Sr. PS have been awarded the President's Appreciation Certificate.
The names of the officers from Mumbai are as follows
CESA, Mumbai, congratulates Shri.
Vinay Kumar Singh, Additional Director, DG HRD, New Delhi, who has earlier
served in Mumbai as ADC in Central Excise Mumbai Zone-I and also as DC in DRI,
Zonal Unit, Mumbai.
CESA, Mumbai, also congratulates Shri. Prashant S. Kaduskar, Additional Commissioner, Central Excise, Vadodara, who has earlier served in Mumbai as ADC in CSI Airport & later on in Central Excise Raigad Commissionerate.
sure that this award will go a long way in motivating all our colleagues &
brother officers to achieve higher milestones for the Department.
The Mumbai-CAT’s judgement
on the Notification of draft Grp-A RRs was issued on 22-Jan-2016, and gist
of the order is as given below :-
CAT is convinced that, in
the context of modification of Grp-A RRs, the consultation with UPSC is mandatory
and their role is still incomplete, in the light of the Hand Book of 2013 as
per paras 3.2.5 to 3.2.7.Also, in view
of the Ministry of Finance’s request to “reconsider”, vide their letter dated
22.12.2015, clearly shows that the matter is now pending with the UPSC for its
Moreover, it is evident that
the consultation with the UPSC is an ongoing process and cannot be deemed to
have concluded. Hence, it would be premature to subject this matter to judicial
review by this Tribunal, until the consultation process reaches a logical
conclusion in the eyes of the Government itself, after taking due note of all
the views. Hence this Tribunal is unwilling to enter into an arena where angels
fear to tread. This Tribunal is not inclined to subject this matter for
judicial review at this juncture and sub-plant the mandated Constitutional
roles assigned to the UPSC, by prematurely adjudicating this OA.
In view of the above, this
OA is disposed of with a direction to Respondents-1 to Respondents-3 to decide
or obtain the decision of the Competent Authority, as need be, to resolve all
the issues in this controversy, in accordance with law, within a period of four
months from the date of receipt of certified copy of the order. We have not gone
into merits of the case.
The applicants are at
liberty to approach this Tribunal in case they are aggrieved by any of the
decisions taken in this matter by the Competent Authority in Government.
Accordingly, OA is disposed
of. No order as to costs.
Agitation, haste and restlessness
lead nowhere. It is like foam on the sea-shore. Normally, an individual has an impression
that if they are not running around all the time or bursting into feverish
activity, then they are doing nothing. Whatever has been done in the world has
been achieved by a few who were able to stand outside the scene of action, in
silence and they became the instruments of revolution.
With consistent approach and
utter transparency, CESA, Mumbai, with their active participation, brings the
day to day happenings of our cadre, without any fear or favour.
The copy of the Mumbai-CAT’s
order pronounced yesterday is not yet received. The same is awaited.
In Mumbai-CAT, the issue of holding
of Review DPC for reservation, came up for hearing today. A group of officers,
who had earlier filed a Misc. Application to be included in the proceedings as
intervenors, withdrew their application unconditionally. The Departmental Panel
Counsel insisted for final hearing and the Bench posted the matter for 02-Feb-2016
and the interim stay order to continue.
Delegations of Supdt.’s
Association, IRS(IDT) Officers Association, Grp-A Direct Recruits’ Association
met the Chairman, CBEC, during his Mumbai visit and was appraised of all the
pending issues, which he promised to examine & urged all the associations
to have patience till a final decision is taken at the earliest. A meeting with
the Board officials is expected within a week’s time for early resolution of the
CESA, Mumbai, is thankful to
the local Administration for their positive co-operation in all matters
including sorting out service related matters of the officers.