Monday, March 31, 2014

Promotion Order to Assistant Commissioner

Finally CBEC has issued the office order NO.74/2014 dated 31st March, 2014 promoting  110 Superintendents in situ. Posting orders follow. There are 90 Central Excise Superintendents in the said promotion order.

CESA, Mumbai congratulate to Shri Sushil Kumar Pareek, Ex-President of AIACEGEO/ General Secretary of Jaipur Unit.
CESA , Mumai congratulate all Mumbai Officers and Others.

RETIREMENT MARCH-2014


Monday, March 24, 2014

CESA’s IMPACT ON ADVERTISEMENT FOR SERVICE TAX ASSESSEES

CBEC has taken due congnizance of CESA’s representation dtd. 04/03/2014 and have improved the advertisement now by mentioning 
“ They made the effort of logging on to www.cbec.gov.in and met the helpful official at the Service Tax Commissionerate to clarify the situation.” [The Indian Express dated 22.3.2014]  and subsequent advertisements by mentioning to log on to www.cbec.gov.in for information.
Like the cognizance of the representation made by the CESA, taken by the CBEC, in the matter of dignity and reliability  of the department, CESA also expects the administration to take into cognizance all its representations made so far in the matters of Career progression of the Superintendent cadre as well as improvement in the infrastructure. 

CESA MUMBAI

CBEC NEEDS OFFICERS IN TAR (TAX AND RECOVERY) LIKE SEBI OFFICERS


He ramachandra keh gaye siyase aisa kalyug aayega
Hansa chugega dana dunka kauva motee khayega

रामचन्द्र जी कह गए सिया से ऐसा कलयुग आयेगा,
... हंस चुगेगा दाना और कौवा मोती खायेगा

Mr. Roy is a household name in India. The Hon’ble Supreme Court has sent him to Tihar jail for not refunding Rs. 24,000 crores to Sahara Group investors. The Supreme Court had ordered continuing detention of Subroto Roy and directed his firm to come up with a plan to repay its investors.
CESA salutes SEBI official Shri Prashant Saran, who had forwarded all his orders to the Enforcement Directorate for tightening the nose.
CESA also salutes SEBI official Shri J Ranganayakulu and Shri U.K. Sinha for their sincere efforts in detecting the irregularities caused by Sahara Group without fear and favour and bringing the perpetuators to justice.
Bombay Zone also needs such bold officers so that the substantial amounts locked up as arrears, free from litigation, will be liquidated. In Mumbai Zone alone (Customs+Excise+Service Tax+LTU) recoverable arrears to the tune of Rs. 9843.51 Crores was pending as on January 2014. Though a separate 6 Tax Arrear Recovery (TAR) units has been created, including one in Mumbai but unfortunately this unit is badly neglected which is evident from the fact that the officers heading these units are either holding this charge in addition to their original charge or are posted to this unit only to accommodate some in the region for reasons best known to the administration. Also, many a times the post of Commissioner (TAR) at Zonal level is kept vacant months together. How CBEC does expects to liquidate such huge amount of arrears without providing proper strength of officers and infrastructure. The present situation of TAR is far from motivating the officers to perform and recover the revenue due to the Government, less said about the accountability.
In all India several crores are pending arrears free from litigation, for which CBEC needs officers like SEBI Officials with same determination to book the offenders and liquidate the arrears with iron hand.


CESA MUMBAI

Monday, March 10, 2014

BACK TO SQUARE .... CESA's MAIL TO PRESIDENT AIACEGEO AND ITS REPLY

 Dear Members,


The delegation of CESA Mumbai made several visits to Delhi and succeeded to meet ADG(HRD), DG(HRD), Member (P & V) and Chairman of other committees and Chairperson, CBEC and MOS(Revenue).  The various issues were taken up with them. Association convinced the authority on the issues and requested to redress the same before implementation of CR. The most pressing and affecting to all of us was rectification of both the All India seniority lists which is agreed to by the Board, Increase the number of Commissionerates in the re-organisation of Commissionerates on the basis of data and growth as on-date, Funds for infrastructure, parity within Central Excise, etc…

The delegation was large in number from different federating units.

The website of CENGO INDIA run by AIACEGEO posting news items to suiting their interest and those who are raising any voice of decent, and howsoever may be correct but they are being criticized just to malign so that there will not be any hurdles in their freeway.
CESA, Mumbai also succeeded to convince and to pass a resolution by the Inspector Federation by having All India seniority list and removal of regional disparity in their meeting held at Mumbai. 
CESA, Mumbai succeeded to have adequate number of Commissionerates in Mumbai Zones and funds for infrastructure at the initiative of our Mumbai Unit and move by the Board to rectify the seniority list was not digested by many.  Further, in response to CESA mail and President’s instructions, the schedule of Satyagrah deferred and now they are using their blogs to criticize the office bearers of CESA Mumbai but are unable to give any clarifications.  The issue raised by us in our mail to the President, AIACEGEO  and the details are reproduced below for your information.

 

 

 

Look before you leap/Hop or Hope/Hop or Hope-II

Mail dated 04/03/2014                   Mail dtd 06.03.2014   Mail dtd 06.03.2014

From CESA, Mumbai to President, A.I.A.C.E.G.E.O.

Dear Loknathji,

 

I constrained myself by writing mails because the Association activity is limited to the blogs nowadays but am unable to control the message placed in the Cengo India site dated 02.03.2014 which reads as:

 

 “Despite our repeated appeals, not a single legitimate demand of our Association has been settled by Central Board of Excise and Customs till date hence the members of our Association are in deep anguish and totally disappointment over such attitude of CBEC. It is very unfortunate that, the CBEC does not call the leaders of recognized service Associations since long for discussions and negotiations for settlement of grievance points”.

 

Agitations one after another in a different model are adopted and the CBEC is taking the agitations lightly because of the existence of the Cadre which remains only in the blogs and not physically on ground. One agitation was called before AEC at Secunderabad and followed with another one on Excise day. Have you taken the stock of your ten thousand Cadres and around thirty Federating Units as to how many have participated and taken your call seriously. You are only promoting false certifications of mass protests which is well known to the Administration through the said blogs. Now, again another mode of agitation like sathyagrah –

 

i)          Before the residence of the Member (P&V) of CBEC on 09.03.14.

 

ii)         Before the residence of the Chairperson of CBEC on16.03.14.

 

iii)        Before the residence of the Revenue Secretary on 22.03.14.
The above programmes will be observed by the Delhi Central Excise Zone officers only. At the other Central Excise Zones, the officers will gather before the residence of respective Commissioner/Chief Commissioner

My members are asking who approves such type of Satyagrah?

Sir, in respect of the first two phases of agitation no stock has been taken and now the ensuing three agitations, i.e., on 09.03.2014, 16.03.2014 and 22.03.2014. It apprehends in the minds of my officers that in the name of All India Body, the local unit is promoting regional cause or creating an impression for achieving their regional benefits. Otherwise, such type of agitations only by the Delhi Central Excise zone officers should not have been mentioned.What is the hidden agenda?.

Further, it is learnt that an appointment has been asked with Chairperson by All India Body last week, is it not as hypocrisy or a childish act to issue notice of agitation without ground reality or moving All India Office Bearers to all over the Country to gear up the Cadre for the cause. It is because of this approach, since 5.12.2013 neither All India Office Bearers has been called for any dialogue or discussion nor the All India Office Bearers approached the Authority for resolving any issue whether it is holding of DPC of existing vacant posts or implementation of Supreme Court Order or Change of ratio or allocating temporary 2118 posts exclusively for stagnated feeder Cadre / reorganization of the Commissionerates/zones and smooth implementation of Cadre restructuring etc., The earlier Chairperson and Member P&V have gone and in their place new Chairperson and Member P&V have come. Can we expect that they will act or sympathize or find out a modality to resolve our issues by going through our blogs or the lengthy representations, which speaks less on the core issues and confuses more.

CESA, Mumbai appealed to act like a prudent Office Bearer. If anything is lacking to make the Cadre stronger we should not hesitate to take assistance from any feeder Cadre or inspector Cadre or any other Cadre of Central Government employees.  The Cadre shrinks or expands in proportion to one’s courage i.e., the leader who leads the Cadre. Do not make the Cadre a laughing stock and mockery of such type of agitations in the namesake, which yield nothing except a time pass topic of discussion in the lunch hour.

Are you attending today’s meeting with Chairperson? who are other delegates / representatives with you?. Please restrain from issuing such type of agitation notices for namesake and holding the Cadre to Ransom!!!!!!!

With Regards.
Yours
A.K. SASMAL
CESA MUMBAI.

(The programme of Satyagrah is deferred with immediate effect. As instructed by the President, A.I.A.C.E.G.E.O.)   Mail dated 05.03.2014.

Mail received from Shri. Ravi Joshi and Shri. C.S. Sharma on 06.03.2014, which was posted on CENGO, India website C.S. Sharma is the office Secretary to Secretary General and also President of Delhi Unit and present Secretary General is the General Secretary of the Delhi Unit also.

 

Hop or Hope !!! (Mail dated 07.03.2014)

 

Respected Lokhnathji,

 

CESA, Mumbai appreciate your timely instructions to deferring the Satyagraha Programmes.

 

It is informed that a meeting with Chairperson, Member P&V and DGHRD on 04/03/2014 was held with staff side. In this regard kindly be enlighten

 

Ø         Who are the delegates met the Authority on 4th March, 2013?

 

Ø         Whether the delegates comprising of Region / Zonal based or All India based?

 

Ø         Whether the charter of demand enclosed to FM and others are having 14 demands are resolved?

 

Ø         What are the categorical representations from staff side and assurances/ decision thereon from the Administration?

 

Ø         It is creating confusion that a period of 5 years regarding temporary post was agreed to be counted from the date of the effect of promotion instead of date of notification…..’ these are to be distributed in the ratio of 13:2:1 as per RRs. Qualifying service to be in consonance of DOPT guidelines was agreed to.

 

Ø         It means that the delegates agreed or not raised / represented that these temporary posts of 2118 is to be allocated as per the ratio not exclusively to Gr.B Central Excise or any other stagnated feeder Cadre.

 

Ø         Whether it is represented to change or amend the RR to the effect that these temporary posts meant for Gr.B Central Excise or any other stagnated feeder Cadre?

 

Ø         Whether any change in RR is demanded or agreed for cut and paste of earlier RR by merely replacing number of post and ratio and nothing else?

 

Ø         Whether the discussions in the meeting and the decisions thereon are minuted?

 

Ø         What prompted to discuss about the regional disparity or the AIB wants to maintain the disparity and not in favour for removal of regional disparity for the benefit of the few?

 

Ø         Whether the issue of Shillong Zone was so crucial than the regional disparity of majority Zones, which is included in the discussion?

 

Ø         As per the mail if everything is agreed then a positive signal is coming, then all those who have attended and officials who have agreed to, deserves flowers and bouquets from the Cadre.

 

Ø         It should not be a mere lolypop as witnessed in the several meetings with the officials as admitted by the AIB several times in the Blogs, that the Board is not keen to resolve any issue?

 

Ø         What are the viable alternative suggestions to keep the Post to Post Reservation in JTS Group-A Cadre ? Any suggestions to amend the RR to that effect ?

 

Ø         What are the suggestions for parity in the feeder Cadre in the ensuing CR ?
Ø         Whether any communication is given to the authority deferring the Satyagraha?
Ø         CESA, Mumbai’s mail about “look before you leap” and response to the same by Delhi Unit is placed in CENGO site to promote only one version which appears to be partial. For transparency, post all the e-mails on the subject for everybody to read, otherwise it gives an impression of the biased and one sided approach. The blog should not be used as private blog for mere character assassination of office bearer of any units or self boosting of chosen few. Accordingly corrective steps may be taken.
Ø         We do not need any certifications whether we are week or any one is strong. No individual is strong, but only the Organization which is counted or measured by its acts and deeds.
With regard,
Yours
A.K. Sasmal.
CESA, Mumbai.
(Mail received from Shri. Loknath Mishra)

 

Dear Sasmaljee

 

Thanks for your mail. Board Minutes is yet to be issued . After issue of the same , the details about discussions and participation etc will be known to all. About postings made in Blog post, only I can say it is the prerogative of SG and he is choosing the better one for postings. Every one knows that the regional disparity has been created since creation of this department due to formation of separate cadre controlling authorities. Fundamental Rules ( Rules of 1922) prescribes that Inspectors of each and every independent unit are forming independent cadre. This is a policy decision of Govt. However policy decision can be changed prospectively. All the decisions relating to service matters of Apex Court such as Radheshyam, Sabarwal, Ajit Singh, Virpal Singh, Parmar, R.D. Gupta, Direct Rcruit Engineers, Badani, Manorama, etc etc are decided to give benefits on prospectively. At no circumstances, the regional disparity can be changed retrospectively. Many Advocates of SC have already furnished their opinions on this score. We are gazetted officers, we should realize the position on this issue properly. The creation of temporary posts and its related provisions such as period, no promotion to STS, fill up by all feeder categories in 13.02.01 ratio are covered under the cabinet approval which can not be changed by Board without seeking re approval from Cabinet. For such re approval only agitation is required. Agitations must be started from mild to strong. But our members could not conduct agitation as per the calls of AIB. Rather many raised strong objections to conduct the same for which it has been decided to defer it. I am totally convinced that the SG at present is performing his work very well. Of course you may not satisfy with the result of his work, but he has tried his best to perform his duty. I am also very much surprised with the present circumstances, such as totally no co operation from certain units by not conducting agitation, not conducting meeting/ election, not funding to AIB , always criticizing for all matters, totally making confusion by sending mails on ratio, RRs, regularization, DPC, regional disparity etc. etc, how one SG can deliver any result? We should examine all aspects properly before commenting on any issue. I appeal to all it is better please forget about all differences if any and come forward for the shake of our unity. Unity is must , otherwise people will laugh us. .

 

Thanks once again with regards.

 

LOKANTH MISHRA
President
Hop or Hope - II ......!!! (Mail dated 07.03.2014)
Respected Loknathji,

 

Sorry for troubling you,

 

It is once again requested. Are you in a position to clarify point wise to my mail. “Hop or Hope “dated 07.03.2014 .
Kindly be specific who are the delegates, attended the meeting dated 04.03.2014
It is no one’s prerogative in a democratic organization to act on one’s whims & fancy while running a organization’s blog.
Expecting a point wise clarification, soon. 
With Regards,

 

Yours
A.K. Sasmal,
CESA, Mumbai.
(Mail received from the President, A.I.A.C.E.G.E.O. at : 10:49 p.m. on 07.03.2014) 
Dear Sasmaljee,
            Sorry, I can not furnish any parawise comments. You can get the appropriate answer from SG. For managing a blog post certain procedure has to be observed.
Thanks & Regards.
LOKANATH MISHARA
President
                         D.P.C. for vacant post was held on 06.03.2014.  Detailed developments will be published in our ensuing Circular.  Those who are spilling beans against CESA Mumbai and mis-using the CENGO India blog post for their hidden / selfish interest. Our action speaks the ground reality but their projection of illusion is far from reality.


CESA MUMBAI

Thursday, March 6, 2014

CESA’S OBSERVATIONS -- DOPT’s INSTRUCTIONS DATED 4.3.2014 in regard to Apex Court judgement in the case of N.R. PARMAR Vs. UOI and Others



Sub :-Inter Se Seniority of direct recruits and promotees – DOPT OM dated 4.3.2014 - Reg.

          DOPT has issued an Office Memorandum on the above subject on 04.03.2014.  On going through the same CESA, Mumbai  observed the following flaws :-
The Seniority List in the Zone are Still Provisional.   Hence, the instructions not to reopen the past cases does not apply in this case, as interpreted at Sr.No.(i) read with Sr.No. (d) of Para-5 of the OM which state is as under :
    “(d) Recruitment Year would be the year of initiating the recruitment process against a vacancy year…”
          In the CBDT, while preparing the seniority list aforesaid procedure has already been followed, whereas in our CBEC, Seniority Lists have not been prepared on the basis of  vacancy year or recruitment year as the case may be.
          Hence, as far as the Central Excise is considered the said OM appears to be faulty.  Further, all the Seniority Lists are provisional since beginning and promotions are being carried out on the basis of those Provisional Seniority List from time to time.  Hence, the instructions contained in para-5(i) of the said OM are not applicable to that effect. Since the seniority has not been settled as on 27.11.2012 and the same is opened for re-fixation. Therefore, the said OM does not bar to refix the seniority as per the Apex Court judgement in  NR Parmar Case. This is the inference of the said OM
           However, the beauty of the said OM is shattered vide para No.5(h) having effect from 27.11.2012 i.e. the date of the Apex Court judgement. 
         Let us see, the contempt proceedings for non-implementation of NR Parmar case is scheduled on 7/3/2014. 
           Hope, the said OM will be set-aside and spirit of the judgement will be restored, one again in the interest of justice.

         
LET US HOPE FOR THE BEST.

                                                                              -- CESA, MUMBAI.