Monday, May 22, 2017

Hypocrisy in the name of Democracy...


Hypocrisy is in full swing in the name of democracy. Jugglery manipulations are on to garner support, the great magicians are working day and night to mesmerize all. No M-Seal or Fevi-quick will work to fill/heal the crack.

CESA Mumbai exposed the manipulation and those who are in hand in glove in the recent coup for hijacking CESA, Mumbai. Nowadays fat free food, sugar free sweets, e-office, cashless transactions are in common parlance but they have adopted paperless and voter less election. They are so blind that nothing is visible on their way to achieve their vested motives.

पदमावती नाम रखने से काम पदमावती जैसा नही होता
मूमताज नाम रखने से कोई उनके लिए ताजमहल नही बनाता
ललाट पर तिलक लगाने से कोई सात्विक नही होता
दुध, दही व पनीर खाने से कोई तन, मन से निर्मल नही होता


 Dirty remains dirty as it is 

The representation of CESA, Mumbai is as under:-   
                                                                                                                    
Ref: CESA/36/2017
Mumbai  22.05.2017.

Hon’ble Chief Commissioner,
Central Excise Mumbai Zone –I and
Cadre Controlling Authority,
Mumbai.       

            Sub:        Floating of ad-hoc body and over indulgence in misrepresenting and misleading the Administration by the said ad-hoc body - reg.

Respected Sir,

             In this regard, your kind attention is invited to CESA Mumbai’s letter dated CESA/31/2017 and CESA/32/2017 dated 4.05.2017 and 08.05.2017 respectively, on the above subject. Both these communications were endorsed to the Secretary General/President of AIACEGEO as well.  President of AIACEGEO has adopted a silent mode and had till date, not responded, to CESA Mumbai’s mentioned correspondence. We are also in receipt of the copy of the letter of Shri R. Chandramouli dated 19.05.2017, showing the designation as President (Copy enclosed).

            CESA Mumbai held its Managing Committee Meeting on the 10th May 2017 and the issues resolved therein were communicated to the Administration vide our letter no. CESA/33/2017 dated 11.05.2017.

            To keep the general members of CESA Mumbai informed, we issued a circular bearing no. 01/2017 dated 12.05.2017, wherein details of disturbances in the AIACEGEO were brought to the notice of the General Members.  The steps taken by CESA Mumbai, to resolve the issue and the stand of CESA Mumbai on the issue were also brought out, keeping in mind the words of DGHRD that from 1st of June, name and designation all the offices and officers will be changed as required under the GST.

            All of a sudden a fake adhoc body was formed  designated themselves to various posts on 02.05.2017of CESA Mumbai, when the legality and authenticity was questioned by the Administration and the existing body which is legally elected by the members of CESA, then they started illegally using the letter head and logo of this Association to camouflage their illegal acts.  Thereafter on 05.05.2017 they declared elections and as per the program of election, filing of nominations and withdrawal was on 17.05.2017 and the voting was scheduled on 22.05.2017.
                                                                                             
                         CESA Mumbai, appeal in its circular, is as follows:

UNITY IS OUR STRENGTH, RECOGNISE AND EXPOSE THEM THOSE WHO ARE TRYING TO PLAY WITH YOUR TRUST AND INTEREST. PARTICIPATE ACTIVELY IN THE AUTHORISED AFFILIATED RECOGNISED BODY OF THE CESA MUMBAI.  DON’T GIVE YOUR SHOULDERS FOR OTHERS TO USE THEIR FIREARMS. THEY MAY COME AND COLLECT YOUR SIGNATURES, ONCE YOUR SIGNATURE IS OBTAINED THEIR PURPOSE IS ACHIEVED. THEY ARE NOT AT ALL ACCOUNTABLE OR RESPONSIBLE EXCEPT SHAPING THEIR OWN INTEREST.’

As the said circular has reached all the field formations, the call given by the splinter group was not only rejected by all officers but none of the officers participated in the election.  They were under the impression that they will make all sorts of manipulations and get through with their ulterior motives. Sir, it is pertinent to note that, in no office, not a single paper/poster/banner of the group declaring the election, disclosing the date for filing nomination or withdrawal of nomination etc. was visible, as proof of their so called democratic process.  When no officer participated in this election process, then they with the help of their self appointed Election Officers, declared themselves as candidates elected ‘Unopposed’, even without waiting for the deadline of election on 22.05.2017.  Their level of panic that their game will be exposed was so high so that in the late evening of 17.05.2017, they hurriedly got an election certificate issued by their Chief Election Officer.  Further, they obtained a communication from Shri Chandramouli, who had signed a letter addressed to the Chief Commissioner, Central Excise Zone I Mumbai.

Sir, in the so called process of conducting election, no election bulletin communicating the date of election, Election Officers, Dates for filing / withdrawing nominations, meeting with the Chief Election Officer / Observer and their so called appointment in paper of 32 election officers etc were held either in office or club or any other place, within the office or even beyond the office hours.  It seems everything was held for name sake through SMS and Whatsapp.  They had failed even in basic documentation in conducting of an election, which is mandatory to fill the form of authorization / enrollment of membership with printed serial no. for cross verifications as well as for record.

First of all, there is a body duly recognized by the Administration, AIACEGEO and its 1200 superintendent members of the Mumbai zone.  One or two individual are not empowered by any law of the land, whatsoever it may be, to create adhoc body with designations and stealing letterhead and logo of an existing, functioning legalized body.  Further, nobody is authorized to declare elections as well as appoint election officers.  They have crossed all limits, supported by a splinter group of AIACEGEO.  When members rejected their call and finding no other way, they got themselves elected unopposed, without circulating any communication amongst members of election schedule or a ballot paper or casting of a single vote, forget about the entire strength of (1200 supdt.) of  the Mumbai zone. The same members of adhoc committee first declared themselves as office bearers, and then all of them got declared as elected unopposed by the election officer illegally appointed.

            In our earlier representation we have communicated that a tussle is going on in AIACEGEO and a splinter group is bent upon splitting the AIACEGEO.  CESA Mumbai did not toe the line of this splinter group, then they created all sorts of illegality & jugglery in the back hand.  President, AIACEGEO was asked on 07th and 09th May 2017 about this fake body but he did not utter a single word or approved the said drama. The delegation of CESA Mumbai along with other office bearers met Shri Chandramouli on 14/5/2017 at Pune in Flame university Campus and appealed not to go ahead with the parallel convention, there he found us appropriate and proper.

SIR, the president is not keeping good health as well as sound mind as a series of deaths had occurred in his family and being a bachelor, he is under terrific stress.  He had signed in his VRS papers twice, without realizing and knowing as to on what paper he is signing.  Under such circumstances, their local unit had practically removed him from all the posts from their body. It may be noted that if a person has no command on his local unit, what command his claimed communication can have other units. The President is bent upon splitting the AIACEGEO.  Earlier he had tried to stall the DPC proceedings for promotion from Group B to Group A, then threatening to initiate contempt proceedings for recasting of the seniority list  retrospectively on the basis of Parmar judgment and Now by splitting the Federation, causing harm the cadre of superintendents.
            Already frustrated from so many corners, even not having good recognition from their local administration, he issued a letter under the capacity of President AIACEGEO, on 19.05.2017 of his own without any reference.  Further the letter he had issued was not in the letter head of AIACEGEO and as he is not a Vacational judiciary, mentioning of designation is not sufficient enough to legalize any illegal activity.  If any election is not being held or any unit is not functioning in accordance with the constitution, the AIACEGEO is the only body which can take action, and not unilaterally by the present President.  His approach is full of partisan and motivated to break the unity of CESA Mumbai and to have a success of his parallel convention at Chennai.  The above said letter bearing no as 1/2017 dated 19.05.2017, is full of flaws and is not the proper letter head of the President of AIACEGO, there is no logo as well as the name of the other office bearers of AIACEGEO in the said letter.  Further his job is only to preside the meeting and not to authorize/have any correspondence with any authority for the cadre of Superintendents.  Hence the said piece of paper does not suffice for the purpose of supporting the cause of the splinter group and the so called elected body.  CESA Mumbai strongly condemns such cowardice act and back door play not only to cheat their own members but also to mislead the administration as well as the credibility of the AIACEGEO & CESA, MUMBAI  The details of our Managing Committee Meeting has already been communicated, our program of CESA Mumbai vide its letter no. CESA/33/2017 dated 11.05.2017.

            Inconvenience caused by the vested group is regretted.  We therefore, request that no cognizance be taken on such communications of President of AIACEGEO which is issued under pressure to garner support by making cut and paste job of the letter. Also the certificate issued by so called Chief Election Officer, who himself is in hand in glove with the splinter group in enacting  the said paper drama, is a doctored  and fabricated document, created with a malafide & motivated interest.

                                    Thanking you,
                                                                                            Yours sincerely

                                                                                                 (A.K. Sasmal)
                                                                                               General Secretary

Copy to:           
i).   The Chief Commissioner of Service Tax, Mumbai Zone, for kind information and
    necessary action;
  ii). All the Commissioners of Central Excise and Commissioners of Service Tax of Mumbai Zone, for kind information and necessary action. 
  iii).  The Secretary General, AIACEGEO, for kind information and necessary action and to deal firmly with those who are engaged in creation of splinter group/s with a motivated  interest to damage the local Association and thereby the Federation.
    iv).   The President, AIACEGEO, for kind information and necessary action.
                    

Friday, May 19, 2017

CESA’s attempts towards unity of AIACEGEO...


A doctor never leaves a patient on the operation table whatever may be the complications. Similarly, a patriotic soldier never leaves the outpost, a mother never leaves her child in a helpless condition, even the birds and animals, they protect & safeguard their young ones upto maximum possible extent from any kind of danger. 

It has become a modern lifestyle of leaving old & aged parents / dependent children, sick relatives to manage on their own, without any support (both financial and emotional), who may have sacrificed their everything…

It should be understood that the President of AIACEGEO, who is occupying the post, that no one has demeaned his position or sealed his mouth or blocked his mind to act independently. But it is unfortunate to see that he is having a body but his mind is in someone else’s custody. First of all, if anything is found that is not in order, he is empowered to call a special session to deal with the situation. Unfortunately, where his action was/is required, it was/is not visible. Further, it should be understood that all the frustration, depression, humiliation that he may have faced should not result in harm to the Cadre. There are several hidden players who are out to divide the AIACEGEO, but a handful few are trying their best to keep the unity.

When they know the unit, to which the President belongs, is not strong enough or their leaders are not bold enough to deliver the things, then a dirty game is played and some officers are instigated to create ripples in the Mumbai unit. It would have better or proper, that on 4th Feb., when the last meeting of AIACEGEO was held at New Delhi, they should have acted unilaterally, if anything was found lacking as far as Mumbai unit was concerned. The officers of Delhi when approached with their representation even the President did not find it necessary even to examine them. 

Teacher can teach, trainer can train, but ultimately it is the individual who has to excel. Having a “0” in your score and stretching other’s sheet to cover your performance is pitiable.

Those who act, their actions and performance makes them a “Hero” but those who act as directed by the director, they are mere “Actors” not a real “Hero”.

CESA Mumbai tried its best, having several talks to have a  one convention - they bought time but did not act. Whatever the conditions and pre-conditions were imposed, everything was clarified that these issues can be resolved under your Presidency before the august House. With the power that he still has, but has chosen to leave the front and adopted a back door show.
The delegation of CESA Mumbai met him on 14th April in Pune and handed over the circular of CESA, Mumbai, 01/2017 dated 12.05.2017 wherein the resolution of CESA, Mumbai was mentioned along with other Senior Office Bearers of other units. It was requested to him “Please attend the convention at Gandhi Dham and preside, be bold and strong, whatever your say or ruling that will be final and if anything goes wrong, let the split of AIACEGEO be at Gandhi Dham. CESA, Mumbai passed the resolution in its committee meeting that the body of AIACEGEO should be for the Superintendents, of the Superintendents and by the Superinintendenus. Other Office Bearers also endorsed the same. The President said that he will consult with others after reaching Chennai and by evening he will convey the outcome.

There was no message till late evening of 15th May. Around 11:15 (PM), received a message “Sir, Discussed. Following are the requirements. 1. President will fix the agenda, issue the notice and preside over the meeting. 2. AC’s can’t contest. 3. Only Indore agreeable and the Unit should offer to host. If agreed kindly get back before 3 PM today i.e. 15th May of 2017.” As the message was delivered in late night he extended the time limit upto 16th May 10 AM but I informed “Talks are on. At best I will convey the gist towards smooth solution. Around 01.55 informed

“Dear Chandramouli,
I spoke to the office bearers of Indore, they have explored their best and expressed that it is not possible to host such a mega event of convention at such a short notice.
2.      But they have shown their solidarity that unity of AIACEGEO is to be maintained anyhow.
3.      My last appeal to you, the stalemate can be resolved under your Presidency if in the beginning of convention at Gandhidham, a single line resolution is placed as under :–
“Superintendent Cadre is the authorised cadre to have the rights to exercise / participate / contest in the election of posts in AIACEGEO ”     .

        The view of the majority will prevail. Hope you will decide positively.”

President reiterated his stand to hold convention at Chennai and announced it again around 08.50 PM. It is really pinching & not at all a welcome move.

As regards to CESA, Mumbai unit, President of AIACEGEO was asked on 9th May about “creation of an ad-hoc body, self appointment, using of CESA’s logo, letterhead and subsequent issuance of election notice, appointment of election officers and fixing of AGM etc.. whether the same are bonafide, proper and holds sanctity. Please Respond.”

So far till to date, the president of AIACEGEO has chosen to remain silent.

At the ground level, there were no takers of the so called holding of elections and their notices. There was no response by any of the offices and formations individuals obtained the signatures and appointed themselves for the post as desired by them. They declared that all the posts were elected unopposed 

This act of theirs is an outright mental assault on 1200 Superintendents of Mumbai for the sake of self-promotion, wherein the interest of the cadre was not kept in mind. What they were doing in hush-hush manner even our common members did not know, but silently in an unworthy manner they have shown their skills as master manipulators. Their self-appointed election officer declared these bogus results on 17th itself. 

It is just like being given LBW without the ball even being bowled !!!  

If this is what they called democracy (where no one has participated in the election process) then we have no phrases and words as to what will be the fate of this bogus organization as well as its structure at the grass root level. Those who have enacted such a drama may be happy that they have handpicked people who will tow their line/s, but seem to be least concerned about the issues at the local as well at the All India level. Those who cannot come & discuss things face to face even with their colleagues / office bearers of other units, then what they will stand for,that  they can only explain.

CESA Mumbai expresses its sincere thanks to all its members, as appealed in our Circular dated 12-May-2017, wherein all the Supdts. of Mumbai Zone not only rejected the Notice but also did not participate in the fake election. The total lack of response by the Superintendents of any office/formation in the fake election forced this bogus body to adopt a modus operandi wherein their so called Chief Election Officer (please note that he does not belong to the Superintendents cadre) issues a certificate that a set of officers have been elected “unopposed” to the various posts, without a single ballot being cast in their favour !!! 

Lastly, a bad news - on the 16th May, it was mentioned in our blog, that a Board meeting has taken place for taking a decision on the implementation of N. R. Parmar judgement. It is learnt that the Board has taken a decision to appeal Chennai CAT’s and High Court Order in the Apex court about non implementation from 86 or even prior to 86. But it was agreed upon to have uniform implementation since 2012 across all the zones. 

*****************

Wednesday, May 17, 2017

CESA's efforts on Proper Infrastructure

M & P Office at Murud

Today, the delegation of CESA Mumbai met Chief Commissioner, Central Excise and Service Tax at Churchgate office and apprised while finalizing the office premises administration should ensure all the offices at near to the jurisdictions as well as commutation point of view of the staff. It is also suggested to surrender rental office premises at WTC (World Trade Centre) as demanded by the staff and the office building Mahavir Jain Vidyalaya be retained till any alternative arrangements are made in the same vicinity. The representations submitted is as under:

                                                                                                                   Ref: CESA/34/2017
                                                                                                                   Dtd: 17.05.2017
Shri S. C. Varshney
Hon’ble Chief Commissioner,
Customs Mumbai Zone – II,
Mumbai

Sub:- Request for proper infrastructure for all the Commissionerates,  Mumbai Zone – reg.

Respected Sir,

   The work of reorganization of Commissionerates in GST has already been finalized and trade and officers are expecting the Notification any time. The work of finalization of buildings/offices for the newly craved Commissionerate is under process. In the last meeting with DGHRD at Mumbai it is given to understand that this will be done at local level by involving the staff Association also. In this connections CESA Mumbai submits the following points for kind consideration.

1.    The Commissionerate offices be as for as possible be located within the jurisdiction of the Commissionerate as it helps the trade as well as staff also as majority of the staff is staying in suburbs. This will help trade and staff from commutation point of view in reaching to work place without any hassles.

2.       The Thane, Thane Rural, Bhiwandi and Palghar Commissionerate the jurisdiction of some of the Commissionerate is very compact but if we see from commutation point of view it is not so many places are not even approachable directly through local trains. It is requested that the offices of these Commissionerate be located centrally to cater the need of trade as well as officers also to reach work place easily. This can be ensured only if the office is within the jurisdiction and accommodation facility in the near vicinity is there.

3.    The premises of World Trade Center is very inconvenient from the commutation point of view. All the staff have requested the Association o take up the matter with the administration not to keep any office at World Trade center which is inconvenient for officers coming from Western, Central and Harbour. In the evening there is no frequency of bus services and officers have to cough-off lot of many on taxi’s and sometimes taxi’s are also not available.

4.    Similarly, it is learnt that the hired building at Mahavir Jain Vidyalaya which is very convenient in Western line, now in possession of service tax. The said building may be kept in our possession. If any alternative accommodations are available and the administration is interested in taking over the new premises in the same vicinity then the Mahavir jain Vidyalaya building can be surrendered.

5.    The need of hour is to have building premises for Headquarter at Palghar, Bhiwandi, Thane, Thane-Rural (Kalyan), in the jurisdiction on war footing basis as we have bad experience in the last Re-organization in 2014 as and where basis have no end.

6.    Presently, Central Excise office at Bombay Garage, Dharavi, etc need renovation. The central excise building at Wagle estate needs structural audit as well as renovation.

7.    It is suggested that in all the Zones Executive, Audit and Appeal Commissionerate are placed in the same building so that the efficiency of the work will be improved and unwanted expenditure towards commutation could be brought down and time will be saved.

                        Thanking you,
                                                                                                                  Yours sincerely,
                                                                                                                            Sd/-
                                                                                                                    (A. K. Sasmal)
                                                                                                                 General Secretary
****************


The staff position commissionerate-wise is as under:

Commissionerate
Staffing position
AC/DC
Supdt.
Insp.
Mumbai East
17
104
109
Mumbai South
17
104
109
Mumbai Central
17
107
111
Mumbai West
17
104
109
Bhiwandi
17
66
70
Palghar
17
83
77
Navi Mumbai
17
92
97
Raigad
17
83
88
Belapur
17
77
82
Thane
17
88
88
Thane Rural
17
77
82
Audit-I, Mumbai
12
80
88
Audit-II, Mumbai
12
80
88
Audit-III, Mumbai
12
80
88
Audit Thane
12
80
88
Audit raigad
12
80
88
Appeal-I, Mumbai
2
10
8
Appeal-II, Mumbai
2
10
8
Appeal-III,Mumbai
2
10
8
Appeal Thane
2
10
8
Appeal Raigad
2
10
8
CCO & CCA
5
153
295

Place of HQ office etc. is in the final stage and not yet completed.