“OUR UNITY-ZINDABAD”
“LONG LIVE OUR ASSOCIATION”
ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETED EXECUTIVE
OFFICERS
MINUTES OF THE AEC MEETING HELD ON 25.05.13 & 26.05.13
AT PATNA
The
meeting was organized by Patna-Ranchi-Jamshedpur Unit in a grand manner. Sh. A.
K. Singh, IRS & the former President of the host Unit of AIACEGEO was Chief
Guest. First of all, the officers from all over India including the all India
office bearers were welcomed by the host unit. Inaugural session was addressed
by Sh. V. N. Jha (Joint Secretary of AIACEGEO), Sh. B. K. Sinha (General Secretary
of host unit), Sh. V. K. Singh (President
of host Unit), Sh. S. K. Sinha (working President of AICEIA), Sh. Lokanath
Mishra (President of AIACEGEO), Sh. Ravi Malik (Secretary General of AIACEGEO)
and Sh. A. K. Singh. The Secretary General specifically appreciated the move of
the host unit to have an officer belonging to our own cadre as the Chief Guest.
The
meeting was presided by Sh. Lokanath Mishra, the President of AIACEGEO. The
agenda was started with the presentation of a “HAND OUT” by the Secretary
General of AIACEGEO. The minutes & decisions taken in the 10th
Convention and General Body meeting held at Jaipur on 21.07.12 & 22.07.12
as well as the minutes of the Associate Committee meeting held at Delhi on
02.12.12 and the decisions taken in the Associate Committee meeting held at
Delhi on 16.03.13 were also circulated . All the agenda was discussed points
wise during the 2 days meeting as mentioned under the forthcoming paras.
1. STAGNATION
INCLUDING IN-SITU PROMOTIONS
The
Secretary General apprised the house about the status & modalities of the Cadre
Restructuring saying that around 2500 of our officers may get benefit of it. He
said it is now with the Expenditure after the clearance by the Finance
Minister. He also said that it has also been approved by the Finance Minister
to keep only 150 (instead of 50%) vacancies reserved for direct recruitment at
group ‘A’ entry level for next 5 years.
Sh.
G. Srinath, the General Secretary of Bangalore Unit & Joint Secretary of AIACEGEO,
said that all out efforts should be made for early approval of Cadre Restructuring
and initiative should be taken for introduction of in-situ promotions scheme
independent of Cadre Restructuring. He also said that he would send some papers
regarding Cadre Restructuring, received under RTI Act, to the All India Body.
Sh.
N. Pradhan, the General Secretary of Bhubaneswar Unit, said that Cadre Restructuring
is required to be approved without any cut. The proposal approved by the Finance
Minister is required to be approved finally by Cabinet and present Cadre Restructuring
should be implemented at one go without providing more than 150 posts for
direct recruitment per year in the next 5 years as approved by the Finance Minister.
He also stated that all out efforts should be taken for introduction of in-situ
promotions scheme independent of Cadre Restructuring.
Sh.
R. Chandramouli, the General Secretary of Chennai Unit, said that Cadre Restructuring
should be implemented at one go without implementing it in phased manner and also
it should always be approved in time bound manner in every 5 years block.
Sh. Boota Singh, the General Secretary
of Chandigarh Unit, said that all posts to be created during the course of Cadre
Restructuring should be continued in the department permanently. Agitation is required to be observed, if Cadre
Restructuring is not approved immediately. Prescribed proper space and
appropriate infrastructure is also required to be provided to all the promotee
officers as well as to all Superintendents.
Mr. Rajan George, the
President of Cochin Unit & Vice President of AIACEGEO, said that the DPC
for promotion to the existing vacancies of Asstt. Commissioner is not being
held. Cadre Restructuring of CBDT has already been approved but the Cadre Restructuring
of CBEC is still pending. Cadre Restructurings should always be approved in
time bound manner in every 5 years block.
Sh. Ravi Joshi, the Vice President
of AIACEGEO as well as Delhi Unit, appreciated the actions initiated by the All
India Body.
Sh.
V. K. Sharma, the General Secretary of Indore Unit, said that the regional
disparities existed in the promotions to the post of Superintendent are
required to be removed immediately. He also said that past service already
rendered as Inspector should also be considered for promotions to the post of
Asstt. Commissioner.
Sh.
Anand Kishore, the General Secretary of Raipur Unit & Joint Secretary of AIACEGEO,
said that immediate DPC should be conducted to award promotions for the grade
of Astt. Commissioner against existing vacancies. He further said that the agitation
is required to be conducted with AICEIA. He also added that this is not the
proper time to take up the issue of the regional disparities as it may dilute
our issue of parity with other counterparts.
Sh. Tirthankar Pyne, the President of Kolkata
Unit, said that all out efforts should be made for immediate approval of Cadre Restructuring.
Proper persuasion should be made for it and simultaneously a proper agitational
programme is required to be chalked out by the All India Body, if the Cadre Restructuring
is not approved urgently. He also said that regional disparities in promotions
to the post of Superintendent are required to be removed. He further added that
more benefits should come to our cadre from the Group ‘A’ Recruitment Rules and
in-situ promotions scheme should be pursued only after implementation of Cadre Restructuring.
Sh.
S. K. Moorthy, the General Secretary of Trichy Unit, said that DPC for
promotion to the post of Asstt. Commissioner is required to be conducted
regularly.
Sh.
Probir Kumar Sen, the General Secretary of Shillong Unit, said that the
stagnation issue can’t be solved unless a separate service is introduced. He
also said that the upgradation like 1996-97 is required to be resorted.
Sh.
P. D. Nimhan, the Vice President of AIACEGEO representing Pune Unit, said that
first regional disparities in promotions are required to be removed and
thereafter, we should think about parity in promotions at par with Examiner of
Customs.
Sh.
P. K. J. Iyer, the General Secretary of Nasik Unit, said that the last Cadre Restructuring
implemented during 2002 was a faulty one. All initiatives should be taken for the
removal of regional disparities in promotions.
Sh.
A. K. Sasmal, the General Secretary of Mumbai Unit, said that the regional
disparities existed in promotions are required to be removed before
implementation of Cadre Restructuring. He further said that the in-situ promotions
scheme is also required to be implemented. He further added that the posts of
Superintendents were required to be allotted during last Cadre Restructuring like
upgradation made during 1996-97 and the all India seniority of Inspectors is
required to be prepared since 1996.
Sh.
R. K. Solanki, the Joint Secretary of AIACEGEO and also representing Meerut
Unit, stressed not to discuss on the issue of regional disparities in
promotions as the issue relates to the Inspector Association instead of
Superintendents Association.
Sh.
V. N. Jha, the Joint Secretary of AIACEGEO, said representing the Patna-Ranchi-Jamshedpur
Unit that the maximum number of promotional posts should be tried to get during
the ensuing Cadre Restructuring for our cadre. He also said that the Cadre Restructuring
should not be implemented in phased manner and rule based mechanism should be
adopted for postings. He further added that the agitation should be adopted in
phased manner and political pressure is also required to be put for early
approval of Cadre Restructuring. He also stressed that our All India Body is
already pursuing the issue of the parity with other common entry counterparts
which will automatically remove the regional disparities.
Sh.
N. N. Lal, the Joint Secretary of AIACEGEO and also representing Allahabad Unit,
said that in-situ promotions scheme is also required to be implemented for our
cadre.
Sh.
S. K. Jha, the Joint Secretary of AIACEGEO and also representing Daman-Vapi Unit,
stressed for early approval of Cadre Restructuring. He appreciated the efforts
being made by the All India Body on each & every issue. He also said that
the regional disparities would automatically be removed, if we are able to get
parity with other common entry counterparts. He also added that we should
strongly pursue the CAT case for parity with Examiners instead of being
engulfed in the issue of regional disparities.
Sh.
S. K. Pareek, former President of AIACEGEO and the General Secretary of Jaipur
Unit, narrated about the achievement of All India Body for getting increased
the Group ‘A’ entry level posts from 1550 to more than 4000. He emphasized for
implementation of Cadre Restructuring at one go and at an early date before the
implementation of GST, so that the creation of more posts can be considered at
the time of the implementation of GST. He also said that we should concentrate
on the issue of parity with other common entry counterparts instead of raising
the issue of regional disparities. He suggested that this issue may be
discussed under the agenda of other points.
OBSERVATIONS/REPLY FROM THE DAIS ON
THE ABOVE DISCUSSIONS-
It
was narrated as to how the number of Group ‘A’ entry level posts have been
increased in Cadre Restructuring proposal by the persuasions by our All India
Body despite of the drastic cuts made by DOPT under consultation of former
Finance Minister. A proposal to restrict the direct recruit IRS quota only upto
150 per year for the next five years has already been approved by the current Finance
Minister. Board is also willing to consider the introduction of in-situ promotions
scheme after approval of Cadre Restructuring. All India Body will pursue for one
time implementation of Cadre Restructuring instead of phased manner. Persuasion
will be made for early approval of Cadre Restructuring without any cut. If positive
developments are not seen, notice will be served to opt for agitation in phased
manner. Regarding removal of regional disparities and provision for proper
infrastructure, separate discussions are required to be made as per agenda
points. However, it was informed that our Association had pleaded before
Bhardwaj Committee (known as merger committee) for preparation of common all
India seniority for Inspectors who have joined on or after 01.01.96 but this
was rejected by the committee and it recommended for only prospective merger
w.e.f. 01.01.06. Our Association didn’t raise any objection on the
recommendations of prospective merger.
There are no provisions to revert any Superintendent who got promotion
on the basis of valid Recruitment Rules framed under the provisions of
Constitution of India. However as our All India Body has already filed a case
in the Principal Bench of CAT seeking base cadre parity in promotions, the regional
disparities in promotions shall automatically be removed. The promotions
against the existing vacancies of Asstt. Commissioner will be possible only
after the regularisation of ad hoc promotions as the UPSC has very strictly
denied for any DPC without regularisation. Even the ad hoc promotion orders
from ADC to Commissioners are not being issued as UPSC as well as DOPT is not
approving the same. The regularisation of the ad hoc promotions will also
depend on the date to be given by the UPSC for which the matter is already
being pursued.
REOSLUTION/DECISION TAKEN ON THE
ABOVE AGENDA POINT-
The
Secretary General was authorized to serve the notice for agitation, if Cadre Restructuring
is not approved by the Cabinet within 3 months in the form as recommended by the
Finance Minister. The modalities of the agitation will be decided by Secretary
General. After approval of Cadre Restructuring, initiation will be made by the
All India Body for approval of in-situ promotions scheme.
2. PAY
MATTERS INCLUDING MACPS
All
discussed on the subject in details and it was decided that the All India Body would take all out efforts
for early hearing of all the cases filed in the Cuttack CAT and Jabalpur High Court on pay parity issues. All India Body
was also authorized to file an OA in Principal Bench of CAT at Delhi to scrap
para 8.1 of MACPS circular and not to consider granting of time scale as one
upgradation under MACPS.
3.
LEGAL MATTERS INCLUDING SUPREME COURT VERDICT IN CIVIL WRIT NO. 385/10
All
discussed the issue and it was decided that the All India Body may file (if
needed) intervention petition before Supreme Court after examining the writ,
counter and rejoinder of the case filed by All India Association of Customs Preventive
Superintendents with a prayer that the decision in the case should also be
extended to the Central Excise Superintendents.
4. WORKING
CONDITIONS INCLUDING INFRASTRUCTURE
All
participated in the discussions and it was decided that All India Body should
take all out efforts for prescribed official space with sufficient & proper
infrastructure for all the Superintendents posted throughout the country. Sh.
A. K. Sasmal was asked to send a note to the All India Body on the issue.
5. MEASURE
TO BE TAKEN TO ACHIEVE OUR GOALS
Sh.
Subhranshu Deb, Vice President of AIACEGEO & President of Shillong Unit,
stressed for the need of all united strong agitation by all the units. Sh. Sen
added that the zonal office bearers should bear the responsibility to hold the
timely regional committee meetings and play effective role in organizational
matters.
Sh. S. K. Patil, as representative of Pune Unit, stressed
for constitution of different committees. He said that our Association should
take all out efforts for removal of regional disparities on promotions before
approval of Cadre Restructuring, so that special relaxation can be made in Recruitment
Rules to allow promotions on the basis of All India seniority list of the grade
of Inspector. He further said that the
Pune unit would assist in preparation of such all India seniority list. Shri P.
D. Nimhan asked to conduct agitation immediately to achieve our goals in all
respects. He said that detailed
discussions are required for removal of regional disparities in promotions and
also said that Pune unit is ready to host next Associate Executive Committee
meeting on the issue. He urged to fix the date of next Associate Executive
Committee Meeting on immediate basis.
Mrs.
V. A. Kolhatkar, the President of Mumbai Unit, said that Cadre Restructuring
must be approved in time bound manner, otherwise notice should be served for
agitation after 3 months. Sh. A. K. Sasmal said that agitation must be
conducted in phased manner. Sh. M. K. Mishra, the Joint Secretary of AIACEGEO
said on behalf of the Mumbai Unit that all out efforts should be made for
removal of regional disparities in promotions. He also stressed for observing
of agitation immediately. He also suggested that the senior most Vice President/Joint
Secretary should also accompany the President and Secretary General to meet
Board officials and to attend grievance redressal meetings.
Sh.
T. Pyne said that all units should conduct their Annual General Body Meetings
regularly in each and every year. The
All India leaders should attend such meetings to address the gathering and
motivate the general members about necessity of agitation. The agitation should
be observed systematically in phased manner as our goals can’t be achieved through
persuasion.
The
representatives of Indore Unit said that nothing can be achieved through
persuasion, hence strong agitation is required to be observed. The leaders of local
Associations should accompany the All India Body to go to the Board in rotation
to attend grievance redressal meetings. The officers preparing adjudication
orders should mention their names in the note sheet. He further said that we
can’t get any service benefits through Ombudsman.
Shri
Raikar representing the Goa Unit said that a good number of delegates should
meet the Board officials and should attend grievance meeting regularly. He
further said that the agitation should be observed, if Cadre Restructuring is
not approved immediately.
The
representatives of Delhi Unit said that we should be ready for strong &
effective agitation and we should not expect that the observance of agitation
only by a few units would serve any purpose. They further said that the actual
efforts should be made in this respect instead of merely issuing the circulars.
They further added that we would certainly achieve our goals, if the
agitational programmes are observed in effective manner by all the units on
hundred percent basis.
Mr.
R. George said that efforts should be made by leaders of all units to achieve
our goals through political leaders of respective local areas and more number
of delegates should accompany the President & Secretary General to attend
grievance redressal meetings. He further said that different committees should
be constituted to assist Secretary General to achieve our goals and the agitation
should be conducted in phased manner.
Sh.
R. Chandramouli said that our service conditions are required to be improved. He
also said that the Range Superintendents should not attend the MCM’s of audit.
Since DAR is being approved by AC/DC, AC/DC (Audit) and AC/DC of Divisions
should attend these meetings. He was asked to send a note on the issue of MCM
to the All India Body and he promised that he would do the same. He further
added that the different committees are required to be formed to assist Secretary
General to achieve our goals.
Sh.
Boota Singh said that the local issues should be inserted in the charter of
demands to motivate common members to conduct agitation. Charter of demands
should include provisions of appropriate infrastructure.
Sh.
N. Pradhan said that the persuasion should be made for finalization of issues
like Cadre Restructuring, in-situ promotions scheme, pay/MACP anomaly etc. If
persuasion is failed, there is no other option except to opt for agitation. He
also said that the decisions taken by the All India Body should strictly be
followed by the units.
Sh.
G. Srinath said that it is required to settle the local issues as well as
issues relating to Cadre Restructuring, Recruitment Rules, Supreme Court case
& Pay/MACP anomaly and the mode of agitation is to be spelled out. He
further said that the persuasion and agitation should be made simultaneously.
Sh.
N. N. Lal said that we should stress on persuasion as many of our units don’t
take the agitational programmes seriously.
Sh.
Solanki said that we should first make persuasions and thereafter should adopt
agitational measures, if required.
Sh.
Sampat Rai, the Vice President of AIACEGEO, said that the grievance redressal
mechanism should be made strong. Sh. Pareek said that he would supply some
relevant papers to the All India Body in this regard.
RESOLUTION/DECISION TAKEN ON THE
ABOVE AGENDA POINT-
It was decided that first persuasion
should be made to achieve our goals. Leaders of our units should also pursue
the matters through political leaders of their respective states. If persuasion
is failed, the agitation is to be conducted in phased manner starting from mild
programmes such as wearing of black badges and conducting of lunch hours
demonstrations etc. The Secretary
General is authorized to serve the notice at appropriate time and prescribe
& intimate the methodology to conduct agitation. As per the provisions of
Constitution; it is the prerogative of Secretary General to form different
committees to assist him, if required. In each & every such committee to be
formed by Secretary General (if required), the Secretary General should be the
Convener/Coordinator. However, the zonal Vice Presidents and Joint Secretaries
are already working there as committees to assist Secretary General. All the
regional committees should conduct meetings in their respective regions/zones
on regular intervals as required. Henceforth, two delegates from different
zones on rotation basis will accompany President/Secretary General & Office
Secretary to attend the grievance redressal meetings to be held in the Board
office. The travelling allowance of such delegates will be borne by the
respective units. Secretary General is also authorized to take more delegates
to whom he consider as appropriate persons to help him in discussions. All the
units are required to conduct Annual General Body Meetings regularly in each &
every year and they should invite President & Secretary General to attend
such meetings. It is also required on the part of regional office bearers to
motivate our common members to conduct agitation and make all agitational
programmes a grand success whenever a call for agitation is given by All India
Body. Secretary General will submit one representation to Board stating that
the Range Superintendents should not attend the MCM’s and AC/DC of Divisions
should attend such meetings since DAR is being approved by AC/DC. As regards
hosting of Associate Executive Committee Meeting by Pune, it was decided that
as per the provisions of the Constitution of our Association “The AEC shall
meet at least once in every year” which is already being followed. Moreover;
Shri Nimhan is an all India office bearer and the hosting of meeting at Pune
was not supported by any resolution of general body or executive committee of
Pune Unit, hence the suggestion of Shri Nimhan to hold meeting at Pune is not
considered. Moreover, such meetings can’t be held on so short intervals. It was
also decided that a separate sheet
can be added by local units in charter of demands of All India Body showing the
local problems to be solved by local authorities, whenever the call for
agitation is given.
6.
CONFIRMATION OF THE MINUTES OF JAIPUR
CONVENTION AND RATIFICATION OF THE MINUTES/DECISIONS OF ASOCIATE COMMITTEE
MEETINGS HELD ON 02.12.12 AND 16.03.13
After
discussions, the minutes of the 10th convention and general body
meeting held at Jaipur on 21.07.12 & 22.07.12 were confirmed and approved.
The minutes and decisions of the Associate Committee Meetings held at Delhi on
02.12.12 and 16.03.13 were also ratified and approved.
7. SUBSCRIPTION
AND DONATION INCLUDING DDO CERTIFICATES
The
Office Secretary, Sh. C. S. Sharma, submitted a details note on pending dues of
subscriptions and donations in respect of all Units on behalf of the Treasurer.
All the units were appealed to clear their dues and make maximum donations to
the All India Body. The units were also appealed to deposit the relevant DDO
certificates with the All India Body.
RESOLUTION/DECISION TAKEN ON ABOVE
AGENDA POINT-
All
units will clear their dues immediately and also donate maximum funds to the
All India Body. All units will also submit
the DDO certificates immediately keeping in view that the clearance of the dues
as well as the submission of the DDO certificates by the units is the primary
and statutory requirement for recognition/affiliation.
8. ANY
OTHER POINTS
A. Direct communication/meeting
to/with the Board-
It
was informed from the dais that some units are approaching Board directly on
the issues having all India ramification as well as certain local issues. Hence,
it was once again decided that no unit should approach Board directly on all
India as well as local issues. As per the provisions of our Constitution, all
units are independent up to the Chief Commissioner level only. Board has
already clarified that no representation should be submitted by any unit
directly and this should be submitted through All India Body only. A resolution
has already been adopted in our Associate Executive Committee Meeting that our
units should not approach any authority beyond their respective Chief
Commissioner for any matter.
B. Constitutional Amendment-
In
the General Body Meeting held on 21.07.12 & 22.07.12, a committee was
formed to look into the amendment of the Constitution to add the promotee IRS
officers promoted from the post of Superintendent of Central Excise as members
of our Association. Accordingly, the committee submitted its report suggesting to
include the said officers as members of the Association. However, it was
decided to amend the Constitution in the next Convention and General Body
Meeting of the Association as it was decided in the General Body Meeting held
at Jaipur on 21.07.12 and 22.07.12 that
the final decision on such constitutional amendment would be taken by the house
(The General Body Meeting ).
C. Regional disparity in promotions-
The
Pune Unit raised the issue of regional disparities in promotions and asked that
the promotions to the post of Asstt. Commissioner should be granted on the
basis of joining in the Inspector cadre. They insisted that the combined length
of service as Inspector+Superintendent should be counted for the grant of
promotion to the post of Asstt. Commissioner by treating the already promoted
senior Superintendents as ad hoc. The issue was discussed in length. The
Secretary General said that we are already pursuing the matter of parity with
the common entry counterparts which automatically solve this problem. The
Association has already filed a case in the CAT for parity in promotions with
the Examiners as the Examiner of 1992 has already become Asstt. Commissioner.
He further said that we should not engage ourselves with intra-Central Excise
fightings. Instead of it, we should fight unitedly with common opponents to get
actual relief. The President defined the rule position and said that no rule
allows such things. He said that this would cause litigations in the legal
courts and nobody among us would be able to get any benefit from cadre
restructuring while others would enjoy it. He further said that no rule permit
to place any senior Superintendent to lower position and grant him/her ad hoc
status. He also said that the Inspectors Association is already taking up the
issue with the Board to remove the regional disparities in the promotions to
the post of Superintendents from Inspectors. Sh. C. S. Sharma, the President of
Delhi Unit, said that the Commissionerates were allotted on the basis of
option-cum-merit at the time of recruitment, so there is no reasoning behind
this notion. He further added that these disparities also arise on account of
more or less number of retirements of the Superintendents in the
Commissionerates. Where retirements of Superintendents are more, officers are
ahead while where retirements are less, officers are behind. He also said that
the scene is ever changing in the concerned Commissionerate and this is the
only reason that a Commissionerate may be far behind of others at particular
time despite of being far ahead of others at another time. Sh. Anand Kishore
said that this move is not justified as thousands of our senior Superintendents
are already waiting for the implementation of cadre restructuring expecting for
next promotion at the fag end of the career. He said that the issue should have
been taken up at the time of arising of these regional disparities in the
promotions to the post of Superintendents from Inspectors. Moreover, regional
disparities will automatically be removed if we are able to get parity with
Examiners & other counterparts. Sh. V. N. Jha said that our Association is
already fighting to get relief in comparison to other common entry counterparts
which automatically would remove these disparities. He added that we should
concentrate on the fight against other common entry counterparts. Sh. Solanki
endorsed the views of Sh. Jha. Sh. S. K. Jha also expressed the same views and
said that we should concentrate to get the benefits of the Cadre Restructuring
at the earliest possible date. Jaipur Unit also endorsed the same views. Sh. Sampat
Rai, the Vice President of AIACEGEO, said
that the issue of regional disparities is basically related to the Inspectors
Association regarding promotion of Inspector to the post of Superintendent. He
further said that the promotion to the post of Asstt. Commissioner can never be
granted by counting the length of service rendered as Inspector to remove the
regional disparities. Mumbai, Goa, Indore and Nasik Units supported the views
of the Pune Unit on the issue. Rest of the units asked for the time to discuss
the issue with their members. The issue was discussed in lengths and as result,
five units were in the favour of the move while the rest of the units were not
in its favour, out of which twelve units asked for time to discuss the issue
with their members.
Thus,
no decision was taken and the issue was postponed for the next meeting.
D. Other
resolutions/decisions-
A
resolution committee was constituted headed by Sh. S. K. Pareek and consisting
S/Sh. A. K. Sasmal, B. A. Chakrabarthi, G. Srinath and N. Pradhan as members.
The committee considered the following issues:
(i)
Provisions of Deputation in SEZ
The
issue relating to the deputations in SEZ was raised by the Indore Unit
highlighting the wrong deputation policy. As a result, the divergent practices
are being followed at different places. It was resolved that the deputation
policy should be amended so as to enable all the members of the cadre to opt
for the same. It was also proposed to depute the eligible Superintendents,
i.e., with requisite service only to the post of Deputy Commissioner in SEZ so
as to ease the stagnation.
(ii)
Irregularities in ACES
The
issue was raised by the Nasik Unit. The Cochin Unit appreciated the steps
already taken up by the All India Body on the issue. It was decided that all
the units would give their further feedback on the issue to Sh. Deb and Sh. V.
N. Jha. After getting feedback, both of them will have due discussions on the
same and accordingly, a comprehensive draft will be sent by Sh. Jha to the
Secretary General for further correspondence with the Board.
(iii) Vigilance cases
Sh.
S. K. Jha raised the issue of negative approach by the administration in
vigilance cases despite of the CVC circular saying that the opinion of the CVC
is not binding and the cases may be decided on merit. Sh. Jha was asked to
provide the copy of the relevant circular at an early to the All India Body for
further action.
(iv) Elections by units
Sh.
S. K. Jha also raised the issue of not holding elections in two units of
Gujarat. It was decided that all units should hold the elections, wherever due.
(v) Transfer of office bearers
Sh.
S. K. Jha further raised the issue of the out of headquarters transfer of the
office bearers in Vadodara Zone on account of highhandedness of the
authorities. It was brought to the knowledge of the house that the issue is
already being taken up by the All India Body with the higher authorities
including DOPT.
(vi) Problems in
all India seniority
Sh. Sasmal raised the issue of
irregularities in the seniority list of Superintendents of Mumbai. It was opined by
dais that Board, with
reference to up gradation made on 30.09.96, directed for joining of all newly
promoted Superintendents in
30.09.96 (AN). Despite of such directions, the newly promoted Superintendents
of Mumbai Zone joined on 01.10.96 (AN) for which some seniors lost their
seniority. Actually as per the
DOPT guidelines, there is no difference between 30.09.96 (AN) and 01.10.96 (FN)
and both should be considered as same. So, it was decided that all affected officers
should represent to the Board for correction of seniority.
(vii) Mobile phones
Sh. Pyne raised the point of granting
mobile connections to our officers on the lines of Income Tax. Sh. C. S. Sharma
informed the house that the recovery is now being made from the officers in
Income Tax against Tarang mobile connections. Both officers were asked to get the
things confirmed and intimate the All India Body.
(viii) Waiver of
subscription of Bhubaneshwar Unit
Sh. Pradhan asked for the waiver of
the subscription of Bhubaneshwar Unit for the year of 2012-13 in lieu of the
pay scale case being fought by them in Cuttack CAT. It was informed that the
decision not to make any waiver has already been made in the Associate Committee
meeting, so no waiver is possible. It was also said, “If waivers are to be made
or funds are to be provided by the All India Body to the units, there is no use
of filing the legal cases by the units. In such case, it is better that case is
to be filed by the All India Body itself.” However, Delhi and Mumbai Units came
forward to help the Bhubaneshwar Unit in the matter. It was also informed that
Delhi, Jaipur and Raipur Units have also already helped the Bhubaneshwar Unit
by Rs. 30000/-, 15000/- and 15000/- respectively on the issue and all of these
units were appreciated for the same.
(ix) On site
post clearance audit
Sh.
R. Chandramouli raised the issue of on site post clearance audit saying that
this work is being asked to be done from Central Excise instead of Customs. He was asked to send a note on the issue to the All India
Body and he promised that he would do the same.
(x) 1% incremental amount
Sh.
Subhranshu Deb stressed for proper distribution of 1% of welfare fund
collecting evidences as to whether the same
are being utilized properly or otherwise. He elaborated that the scheme was
introduced by allocating a fund from the amount realized from the assesses
where obviously we have been playing the pivotal role. The fund was allocated
with a view to create the assets of the Department. But in reality, the said
fund has continuously been used for the purpose other than the creating assets
of the Department namely for hiring vehicles, payment of cellphone bills etc.
Ministry of Finance vide Instruction No. F.NO:d-26015/4/2007-CUS(AS) Dt. 30.03.07 stated that the utilisation of
fund is restricted to the level of Commissioner Hqrs (133 numbers ) and each
of Divisions (593numbers) with the cost
ceiling of Rs.25,000.00 per month/vehicle in case of hiring vehicles. But the number has now been
increased. The expenditure on hiring vehicles for Divisions only comes to Rs. 1, 48,25,000.00
per month and in an year to Rs. 17,79,00,000.00 and for last 5 years Rs. 88,95,00,000.00.
Had the amount been utilized for
creating assets of the Department, all the officers up to the level of
Inspectors of all the Commissionerates in the country could have been provided with
not only 36000 computers/laptops but also office furniture, space
storage etc. Further, in 6th
Central Pay Commission report, provisions have been made for granting
travelling allowances to almost all officers. Consequently, allocation of
vehicles from the fund of 1% incremental revenue confers an unintended benefit
in contradiction to in-built provisions of granting travelling allowances in
the pay structures. In some Zones, the officers provided with vehicles from the
fund of 1% incremental revenue are not granted the travelling allowances. But
this no way fits with the intent and purpose for which the said 1% incremental
fund is meant for. From the above, it is abundantly clear that CBEC could have
purchased 3,55,80,000 computer/laptops {@ Rs.25000.00 per piece at market rate
but the bulk purchase will be at much less price). It is also pertinent to
mention that CAG has also raised objections on the inappropriate expenditure
made from 1% incremental fund by CBEC. He suggested that the Association should
not remain indifferent or a mute spectator on this issue which is directly
affecting the interest of the Superintendents/Inspectors by way of non-providing
proper infrastructure for the want of funds.
It was decided that hence forth no
amount under the scheme should be utilized for the purpose other than creation
of office space and the ineligible simultaneous availment of the benefit of
travelling allowance as a built-in provision in the pay structure & also
the utilization of vehicles hired under 1% incremental scheme should be
recovered from the officers concerned in view of the fact that orders have been
issued not allowing travelling allowance to the officers in some Zones who availed
the benefit of vehicles under1% incremental scheme. All the Chief
Commissioners/Director Generals should submit factual report to the Board in
order to ascertain the inadmissible wasteful expenditure. The matter of
ineligible simultaneous availment as cited should also be audited/investigated
thoroughly preferably by an independent agency in order to ascertain the
inadmissible wasteful expenditure including amount involved. Board should make
a reference of the issue with CERA for appropriate decision.
(xi) Ombudsman
Sh. Subhranshu Deb said that, as
per reply to him under RTI Act, only the Delhi & Mumbai Indirect Tax
Ombudsmen received merely 12 &
7 applications during 2012-13
and no application prior to 2012-13. Except 1 all have already been disposed
off. Thus, it appears that office of the Indirect Tax Ombudsmen has got hardly
any work and the intended purpose has not been met with. Under this back drop, it
seems that the office of Indirect Tax Ombudsmen has been made as rehabilitation
Centre for the retired Chief Commissioners.
He, therefore, suggested that the jurisdiction & functions of Ombudsman
should also cover staff
grievances. He added that, by this, we can avail
the benefit of putting our grievances before Ombudsman even keeping our scope
open for seeking relief in CAT, if not mitigated at the level of Ombudsman
giving us opportunity to save time & money as the application before Ombudsman
is free of cost and its disposal is also time-bound. It will also help to give
more work to Ombudsmen justifying their creation at the cost of Government
Exchequer.
It was decided that the Ombudsman can’t
be entrusted with the responsibility of looking into the service matters. No resolution was adopted on it but the issue
may be considered to be taken up with the Board during the meeting with
AIACEGEO.
(xii) Qualifying
service for promotion from AC to DC
Sh.
Subhranshu Deb
also said that the purpose of keeping minimum service from AC to DC for a
period of 4 years was basically aimed for making the direct recruit AC’s
acquainted with the working of the Department but the same norms should not be
applicable for the promotee AC’s who have already served the department
generally for 30+ years. More so, by keeping such unreasonable and irrational
criteria of qualifying service of 4 years, the promotee AC’s are made to be
barred from the scarce opportunity for promotion
to DC, the rarest 3rd promotion, being left with hardly 4 years
before superannuation.
It was replied on the issue of
qualifying service for promotion from AC to DC that the issue has already been
raised by the AIACEGEO.
CONCLUDING SESSION
After
discussions, the Secretary General said that a strong & effective agitation
is the only key to solve our problems relating to every issue. The agitation
should be “complete & actual”. If anything is decided in the meetings and
promises also made by the units, the same should be strictly followed.
In the last, vote of thanks was given by Sh. N. Pradhan. The meeting was
ended by giving thanks to the host unit and Chair. Finally, Chair adjourned the
house till the next AEC Meeting.
After
this, the mementoes were given to all the participants by the host unit. The
Chennai unit also presented mementoes to all the participants and the members
of organizing committee.
The
President and Secretary General paid their thanks to the host unit. Secretary
General appreciated the host unit for the excellent arrangement.
ATTENDANCE-
The following units attended the meeting-
i) Allahabad
ii)
Bangalore
iii)
Bhubaneswar
iv) Chandigarh
v) Chennai
vi) Cochin
vii) Coimbatore
viii) Daman-Vapi
ix) Delhi
x) Goa
xi) Indore
xii) Jaipur
xiii) Kolkata
xiv) Lucknow
xv) Meerut
xvi) Mumbai
xvii) Nasik
xviii) Patna-Ranchi-Jamshedpur
xix) Pune
xx) Raipur
xxi) Shillong
xxii) Trichy
Drawn by- Office Secretary,
Sh. C. S. Sharma.
“OUR UNITY-ZINDABAD”
“LONG LIVE OUR ASSOCIATION”