Monday, December 30, 2013

Request for stern action against the Blogger for Promoting vulgarity in the name of sharing information




Ref :  CESA/85/2013
Date : 30.12.2013
To
Ms. Shobha M. Chary,
Hon’ble Member (P&V),
CBEC, New Delhi.

Respected Madam,

Subject:-  Request for stern action against the Blogger for Promoting vulgarity
                 in the name of sharing information-reg.

In the age of computer, sharing information at shortest notice has become a competition.  The competition should be authentic, informative and healthy one.

In Central Excise, there are blog post and sites where bloggers post their views/news on various subject having common interest in the fraternity. Recently, one blog post viz; CENGO & CEI Corner has posted various news by making cut paste of the CBEC instructions as well as information posted by authentic blog posts of various recognised Service Associations of CBEC. The anchor / operator of the said blog post is in habit of extracting attention by making cut paste from other sites. The said blog poster, to drag the viewer’s attention, has posted various vulgar photographs between the texts so one cannot avoid it. The same cannot be viewed in the office or at home because the photographs are obscene but very often out of curiosity for information officers opens the site to get information about cadre and in very awkward position in front of others. Few clips are enclosed for your perusal and records which have appeared on various dates.

The said blog post without disclosing the identity of the owner is also trying to vitiate the atmosphere and spreading baseless news and creating a division in the minds of the officers by quoting / dragging names of the office bearers of different units / zones and of recognised Associations.  The author / anchor / owner, appears to be abnormal person who is in need of proper medical treatment for curing his perverted mind.  CESA Mumbai while clearing his stand in this regard requests to your goodselves to kindly intervene and find out the person behind the said blog post, area of his / her operation and motives behind spreading this type of vulgarity / nudity / obscenity from various pornography sites which is vitiating the atmosphere of the office. Recently some guidelines were issued in such matters by the Board also.

An early action is solicited otherwise it will spread like wild fire.

Thanking you.
                                                                                                              Yours Sincerely,


                                                                                                               (A.K. Sasmal)
                                                                                                            General Secretary

Friday, December 27, 2013

Myth of CR (WEST ZONE ,MEETING IN MUMBAI ON 28.12. 2013

Myth of CR

Dear Comrade,

        Now the Rabbit is out of the hat. There is no room for speculation or assumption presumption. Much awaited suspense is over and the claims and counter claims as to who did how much and what efforts made for achieving it or the number of posts etc.
        As per the letter Date 18.12.2013 F. No. A.11019/08/2013 - Ad.IV the Annexure enclosed with it gives clear impression that except the Direct recruited Inspector in the Department everyone will get benefit out of CR but the Inspector has to survive on with only ACP/MACP.
        The tall claims of 4600 posts of AC new plus consequential does not seems to be correct. So if we see the entire proposal as of now the outcome is only 300 newposts of AC and later on only 150 posts as against 10,000 Inspectors and Superintendents add in this CR. (All these may already be drawing the salary of AC & DC or may be in queue to draw it very shortly at least in Mumbai without any promotion due to the Pay Commission which feel pity about us and the stagnation). Thus even the basic cardinal of optimum utilization of Resources while doing CR is not followed and the only reason for it appears to humiliate Central Excise Officers   
   The fate of 2118 post is just like the aged cows been dispatched to slaughter house but are being saved by some charitable trust and instead of slaughter just been kept in a place to live more and curse themselves as to why they join in this department The Para 4 of the said letter is nothing but to humiliate and discriminate you and left a bone to fight amongst yourself as though all will get promotion on same date but the 2118 will not get any further promotion.
        How any can believe on the authorities who did not remember when they made proposal and even the terms of reference when they made the proposal of CR and at last moment made these temporary posts after 15 years and put a stumbling block for next 5 years which means till 2020 nothing. Does this CR gives any parity? This was one of the term of reference in earlier and the present one but not fuilfilled till date for us.
        Now see the pay scale and grade pay all the IRS will get promotion, benefit of pay fixation so monetary benefits also, similarly in other grades also all promotion carries different pay Grade pay so in CR they will also get promotion and monetary benefits also and there is chain for further promotions but in our Cadre there is nothing except ACP/MACPS. In MACP also anamoly prevails and Board is unable to resolve
   Cesa mumbai is holding a meeting on 28.12.2013, delegation from west zone is expected to participate and chalk out a formula how to get justice and dignity in a positive manner.    
       

          

Friday, December 20, 2013

F.NoA.11019/08/2013-Ad.IV
Government of India
Department of Finance
Department of Revenue
(Central Board of Excise & Customs)

HUDCO Vishala, Bhikaji Cama Place
New Delhi, December 18, 2013
To
The Director General
Directorate General of Human Resource Development
Customs & Central Excise
409/8 Deep Shikha, Rajendra Place
New Delhi – 110 008.

Subject:  Cadre Restructuring and re-organization of field formations under central board of excise & customs.
Madam
I am directed to convey the sanction of the competent authority for creation of 18067 posts in various grades under the central Board of Excise & customs, as per details in Annexure A to this letter, with immediate effect. With the creation of these posts, the total sanctioned staff strength of the Central Board of Excise & Customs will be increased from the existing 66808 to 84875.


2. The posts approved for creation include 2118 temporary Group A posts created in Junior Time Scale for a period of five years from the dated of this letter, to be regulated in the manner stipulated in Para 4 here under.
3. The new vacancies arising due to additional regular posts approved for creation in the Junior Time Scale as well chain vacancies in JTS arising due to promotions against additional posts created at higher levels will be filled up in accordance with the provisions of India Revenue Service (Customs & Central Excise) Recruitment Rules, 2012 and the extant instructions of DOP &T.
4. The temporary vacancies arising due to creation of 2118 temporary posts in Junior Time Scale will be operational for five years from the date of this letter and will be filled up only on promotion from the feeder grades specified in the relevant recruitment rules. The promotions against these vacancies shall not entail further promotion to any level beyond JTS.
5. All additional posts created in various other grades will also be filled up in accordance with the provisions of the relevant recruitment rules.
6. Pending notification of revised recruitment rules, wherever required the newly created/re-designated posts will be filled up on the basis of the extant Guidelines for Recruitment Rules, issued by the Department of Personnel & Training. Concurrence of Deptt. of Personnel & Training would be obtained for the relaxations, wherever required.
7. Wherever the posts recommended for abolition are filled up at present, such abolition will be effective on such posts being relinquished by the existing incumbents by way of promotion, transfer, retirement, resignation etc.
8. The formation-Wise distribution of the posts at various levels will be issued  separately. Details of Group “C” Posts will also be communicated separately.
9. This issues with the approval of competent authority and with the concurrence of integrated Finance Unit vide their ID No.212509/JS&FA(F)/2013 dated December 18,2013.

Yours faithfully 
Sd/- 
(Nirbhai Singh) 
Under Secretary to the Govt. of India


Annexure-A to letter No.A.11019/08/2013-Ad.IV dated December 18, 2013 (Three pages)
Central Board of Excise & Customs — Cadre Restructuring 2013 — Statement of Existing Posts and Posts approved for creation
Annexure-A to letter No.A.11019/08/2013-Ad.IV dated December 18, 2013
Sl. No.
Existing Designation
Approved Revised Designation
PAY- SCALE
Existing Strength
Approved
Revised Strength  
Additional
Posts
A
B
B-A
1
2
3
4
5
6
7
1 No Post Principal Chief Commissioner/  Principal DG Rs. 80,000 (FIXED) (Apex) 0 14 14
2 No Post Chief Commissioner/ Director General Rs.75,500-80000 (HAG+) 0 38 38
3 Chief Commissioner Principal Commissioner RS.67000-79000 (HAG) 47 100 53
4 Commissioner Commissioner PB-4 RS.37400-67000 + GRADE PAY Rs.10000 (SAG) 295 340 45
5 Additional Commissioner Additional Commissioner PB-4 RS. 37400-67000  + GRADE PAYRs. 8700 {JAG (NFSG)} 593 932 339
6 Joint Commissioner Joint Commissioner PB-3 RS.15600-39100 +  GRADE PAY Rs.7600 (JAG)
7 Dy. Commissioner Dy. Commissioner PB-3 RS.15600-39100 +GRADE PAY Rs.6600 (STS) 601 801 200
8 Asst. Commissioner Asst. Commissioner PB-3 RS.15600-39100 +GRADE PAY Rs. 5400 949 1249 300
9 Asst. Asst. Commissioner* PB-3 Rs.15600-39100 + GRADE PAY Rs.5400 0 2118 2118
10 Senior Private Secretary Senior Private Secretary PB-2 Rs. 9300- 34800 +GRADE PAY Rs 4800 47 152 105
11 Private Secretary Private Secretary PB-2 Rs. 9300- 34800 +GRADE PAY Rs 4600 295 340 45
12 Steno Grade-I Steno Grade-I PB-2 Rs. 9300- 34800 +GRADE PAY Rs 4200 735 932 197
13 Steno Grade-II Steno Grade-II PB-2 Rs. 9300- 34800 +GRADE PAY Rs 2400 550 801 251
14 Superintendent of Central Excise Superintendent of Central Excise PB-2 Rs. 9300- 34800 + GRADE PAY
Rs 4800 & 5400
(After 4 years of regular service)
13948 19108 5160
15 Superintendent of Customs  (Preventive) Superintendent of Customs (Preventive)
16 Appraiser Appraiser
17 Inspector Central Excise Inspector Central Excise PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4600 20163 25203 5040
18 Preventive Officer Preventive Officer
19 Examiner Examiner
20 CAO CAO PB-3 RS.15600-39100 + GRADE PAY Rs. 5400 155 349 194
21 A.O. A.O. PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4600 984 1600 616
22 DOS/STA Executive Assistant PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4200 5197 4850 -347
23 Tax Assistant Tax Assistant PB-1 Rs. 5200- 20800 + GRADE PAY Rs 2400 5432 6432 1000
24 LDC (including Record Keeper) LDC PB-1 Rs. 5200- 20800  + GRADE PAY Rs 1900 908 1917 1009
25 Driver Spl Grade Driver Spl. Grade PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4200 103 86 -17
26 Driver Grade-I Driver Grade-I PB-1 Rs. 5200- 20800  + GRADE PAY Rs 2800 725 392 -333
27 Driver Grade-II Driver Grade-II PB-1 Rs. 5200- 20800 + GRADE PAY Rs 2400 621 427 -194
28 Driver Grade-Ill Driver Grade-Ill PB-1 Rs. 5200- 20800 + GRADE PAY Rs 1900 641 480 -161
29 Head Havaldar Head Havaldar PB-1 Rs. 5200- 20800 + GRADE PAY Rs 1900 2139 6500 4361
30 Havaldar Havaldar PB-1 Rs. 5200- 20800 + GRADE PAY Rs 1800 10475 8690 -1785
31 Deputy Director (OL) Deputy Director (OL) PB-3 RS.15600-39100 + GRADE PAY Rs 6600 6 11 5
32 Asstt. Director  (OL) Asstt. Director  (OL) PB-3 RS.15600-39100  + GRADE PAY Rs 5400 37 68 31
33 Senior Hindi Translator Senior Hindi  Translator PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4600 24 79 55
34 Junior Hindi Translator Junior Hindi Translator PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4200 168 158 -10
35 Programmer Programmer PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4600 20 0 -20
36 Asst. Programmer Asst. Programmer PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4200 60 5 -55
37 Group 'C' Group 'C' PB-1 Rs. 5200- 20800  + GRADE PAY RS.1900, Rs. 2000 & Rs. 2,400 69 69 0
38 Others Group 'C' Multi Tasking Staff PB-1 Rs. 5200- 20800 + GRADE PAY Rs 1800 821 634 -187
Total
66808 84875 18067

* The creation of 2118 Temporary posts of Assistant Commissioner in Junior Time Scale for a period of five years is regulated by the conditions in Para 4 of the forwarding Sanction Letter.
sd/-
(Nirbhai Singh)
Under Secretary (Ad.IV)

Wednesday, December 11, 2013

Reorganization of the Commissionerates/Zones in Mumbai in the proposed restructuring of department – reg



Ref: CESA/78/2013
      Dated: 11.12.2013
To,
Hon’ble Chief Commissioner ,
Central Excise, Zone-I & II,
Mumbai

Respected Sir/Madam,
                   
Sub: - Reorganization of the Commissionerates/Zones in           
                                Mumbai in the proposed restructuring of department – reg
         
                    Ref :- F.No.  8/B/106/HRDM/2013 dt. 28.11.2013.DG HRD New Delhi.
                    
It is a good news that the proposal of the Cadre Restructuring of CBEC, has been approved by the Cabinet on 5.12.2013 and Board is gearing up  to implement the same . Accordingly, for reorganization of the Department and forming of various Zones/Commissionerates / Directorates etc and for smooth implementation of cadre restructuring various committees have been formed. In this regard CESA Mumbai suggests that :.
2.       The last Restructuring took place in 2002, however, till today, no new premises have been taken and the new Commissionerates created are only functioning on as is where is basis . In 2005, Service Tax-I and in 2009, Service Tax-II, came into existence but the fate is one and the same. There is no inconvenience to the Senior Officers but the conditions of the junior officers are going from bad to worse.  Many Senior Officers like Chairman / Members / DG /CC / Commissioners have come and gone and even those who are continuing gave assurances, expressed their displeasure about the working conditions in dilapidated rental buildings, however, nothing has changed in Mumbai. There is space crunch in LTU Mumbai where many large units have joined, however, no new office premises have been acquired yet.
 3.      Commissionerates have been formed /merged in the recent past. Now again there will be a Commissionerate formation.  Likewise, the staff sanctioned and diverted to other formations, as a stop gap arrangement reflects the improper planning and there is no long term vision  so far as Mumbai is concerned in respect of infrastructure and allocation of the staff. 
4.       As on date the Service Tax is under the Administrative Control of Zone–I,Mumbai.  The staff is diverted from four Central Excise Commissionerates to the tune of  40%,  by   jeopardising  the functioning of  these Central  Excise  Commissionerates.                                  
But the Administration is unable to take a decision to reduce & divert the staff from Zone – II as well as M & P to provide more staff to Service Tax.  Similarly other Zones i.e. Pune, Nagpur etc. has so far not diverted their staff to LTU.
5.       Currently, in various Commissionerates of Mumbai zone –II viz. Mumbai – II & III, there is no scope for expansion as the units are closing or shifting from Mumbai, similarly in Raigad many units have joined LTU, but no revision in strength has been undertaken to divert the staff  to other formations where work load is more to make optimum use of human resources.   Apart from the above, a Service Tax Division is created in Raigad. Maritime Commissionerate is also created in Mumbai-III & Raigad Commissionerate, but no additional staff has been sanctioned and the creation is still surviving on adhoc arrangements.
6.       In the last Restructuring, reorganisation of the Commissionerate and allocation of staff was carried out haphazardly which has caused the inconvenience to the junior staff who spent 4-5 hrs daily in the crowded trains exhausting all their energy in commuting to reach their respective work places.  As well as while forming the Zones, no convenience of the staff as well as the Trade was taken into consideration so far as the transportation facilities are concerned.  Senior Officers are provided with vehicle having minimum utility but the junior officers who has been posted in the range / division / audit / preventive are forced to spend almost 20 % of their salary amount to undertake official duties, which are never reimbursed. If we consider the difficulties of Trade, as well as staff, the craving of Central Excise,Service Tax Commissionerate and Divisions are totally improper. Keeping all Service Tax work in one zone also shows improper management &  ill planning in the department, apart from the unequal distribution of work load on Administrative Heads of Department as well as the supporting staff.
7.       As far as the facilities are concerned, always the junior officers are neglected.  While establishing offices of Head quarters the convenience of the quarters where Senior Officers reside is primarily taken into consideration so that their time of commutation is minimum and less strenuous.  But no sympathetic thought is given as to how junior officers who have already crossed 50 will attend duty and return back to their home safely.  
8.       In the present reorganisation in the Mumbai Zone it is proposed to have 8 Central Excise Commissionerates, 7 Service Tax Commissionerates, 5 Audit Commissionerates, one Preventive Commissionerate + LTU and M&P.  As far as the Accommodation is concerned the Mumbai – III Commissionerate’s Divisions situated at Wagle Estate are in dilapidated condition and structural defects are pointed out needs either demolition or major repairs to bring the building back to living conditions.  Similarly, the condition of 5 divisions of Mumbai–II Commissionerate (rental), which is just like a cellular jail, needs either change of premises or major renovations.  In Zone – I the condition is much worse.  The Navprabhat Chambers where Thane – I and Thane – II Head quarters are functioning is in cramped condition and in Dharavi Divisions of Mumbai – I / HQ audit / Preventive are working  is in merciful conditions, somehow so far escaping from the casualties.  Similarly, other offices of all the divisions and HQ of Service Tax Commissionerates are working under the mercy of the Central Excise, are unable to get premises for themselves or sufficient number of divisions or staff to cater the heavy work.  Except Revenue, rest everything like staff/infrastructure is immaterial as far as the Service Tax Mumbai is concerned.   Even no sensitivity as far as the stress is concerned, in spite of the casualty of the officers.

9.       While creating new Service Tax Commissionerates, apart from revenue & number of assessee criteria, continuity of the jurisdiction may be taken into account. Similarly while keeping intact or reshaping of 8 Central Excise Commissionerates their revenue jurisdiction i.e. Thane / Raigad may not be mixed / clubbed which will be inconvenient to the staff staying in Central Line and Harbour Line which are opposite to each other.  As like the popular saying goes it should not be like Delhi to Daulatabad or vice-versa.  

          Keeping all the above in mind and the way it was done arbitrarily by the Administration during the last restructuring, is still afresh in our mind.  But this time Board has already formed various committees for smooth implementation of the CR hence the shortcomings which occurred in the past may not be repeated again.  We therefore request that the exercise of reorganization be done in consultation with recognized Staff Associations as ultimately it is staff who are in the forefront and  face the hardship and the casualty is efficiency.

With regards,

Yours sincerely
A.K. Sasmal
   General Secretary
Copy to:
1.   Ms. Shobha Chari Hon’ble Member (P&V), New Delhi, in-charge of Mumbai Zones, for kind information and necessary action.
2.   Ms. Neerja Shah, DG, HRD, New Delhi, for kind information and necessary action.
3.   Chief Commissioner LTU, Customs Mumbai Zone – III.
4.   Commissioners of Central Excise & Service Tax, LTU, M. & P. in Mumbai, with request to abolish the trend of adhocism and project proper staff requirement with norms to handle the work load.
5.   Commissioner (Appeals), with request to abolish the trend of adhocism and project proper staff requirement with norms to handle the work load.
6.   SDR, CESTAT with request to abolish the trend of adhocism and project proper staff requirement with norms to handle the work load.


Request for appointment in the matter of proper fixing of Seniority of Officers posted in Mumbai - regarding.



Ref :  CESA/76/2013
Date : 10.12.2013
Ms. Shobha L. Chari
Hon’ble Member (P. &V.),
CBEC, North Block,
New Delhi

Respected Madam,

Sub: - Request for appointment in the matter of proper fixing of
           Seniority of Officers posted in Mumbai - regarding.

          Please find enclosed here with our letter No. CESA/62/2013 dated 03.10.2013, addressed to the Chief Commissioner and the reply received on such a grave matter is self explanatory.

2.       As the Cadre Controlling Authority in Mumbai Zone, having strength of Superintendents 1650 & Inspectors 2100+, but such an important matter of fixation of Seniority has not been resolved, which can badly hit the Career prospects of the Officers of this stagnating zone.
3.       In our representation dated 03.10.2013, the recent one we had pointed out three irregularities viz.
i. fixation of Seniority of Officers of Mumbai at the time of Upgradation in 1996 at par with other officers i.e. 30.09.2010 and not by taking date of promotion as 01.10.1996 (this is the date of joining) as per DOPT guidelines.

ii. Various representations of Senior Officers about irregularity in seniority list were given but no action on the same. It is informed by the Cadre Controlling authority that they have forwarded all the representation and have not received any response from Ministry.
iii. In 2002, Cadre restructuring was done in the Department. Consequent to that in West Zone, total 444 of Inspectors were promoted as Superintendents and orders issued as is where is basis on 23.09.2002. In Mumbai 444 Inspectors of 1982 to 1985 batch were promoted on a single day. Likewise at other places also Inspectors were promoted. As there was no parity the Officers of even 1990 or so were promoted in same exercise and on same day.  Obviously for fixing of seniority of all these Superintendents on All India basis the guiding principle will be the OM F. No. 8/B/38/HRD (HRM_2009 01,12,2010)(Copy enclosed). However, in All India Seniority List that this criterion has not been followed. Whereas many officers who have joined the department later on in various zones, are placed above. Apart from irregularity it is humiliation to the senior officers that their juniors sitting above.
        
4.       Cadre Controlling Authority in his letter dated 19.11.2013 (copy enclosed), had clearly stated in last Para that despite their letter and reminders the Ministry had not rectified the mistake and expressed their helplessness in the matter.

5.       Implementation of the Apex Court decision in the case of N V Parmar & Others as regard to the fixation of seniority considering the year of vacancy as the year of appointment is still pending. This will have an impact and the entire seniority list of officers will have to be recasted.

6.       As the Cadre Restructuring implementation process now underway, and this matter have an impact on promotion of eligible officers, and may be deprived of promotion for no fault of theirs. A delegation of CESA  Mumbai seek immediate intervention in the matter and appointment at the earliest possible as per your convenience. Our contact details are on this letter for communication of appointment.
          Thanking you,
     Yours sincerely



A.K. Sasmal
      General Secretary
Encl: As above.
         Copy to:
1.   DGHRD, CBEC, New Delhi with a request to accord an appointment in this regard.
2.   Hon’ble Cadre Controlling Commissioner, Central Excise, Mumbai-I. For kind information & necessary action.