Is APAR a new Virus or an Excuse to delay CR further ?

The Nuremberg Trials were a series of military tribunals, held by the Allied forces after World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of Nazi Germany. The Trials were held in the city of Nuremberg, Germany. The first and best known of these Trials is described as "the greatest Trial in history". When the Trial was going on, all had pleaded “ we have only obeyed the order of German Chancellor, hence we are not guilty”. But this argument was not accepted in the Trial. Seven principles were evolved as a guideline for determining what constitutes a war crime, known as ‘The Nuremberg principles’. Principle IV states: "The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility ……….".  In short, "It is not an acceptable excuse to say 'I was just following my superior's orders". The essence of the above is that even after a passage of time the damage done cannot be left unaccountable, and the responsibility has to be fixed. Because of the action or lack of action the prospects of the cadre is worsening.

There is silence over the cause of the delay to implement the CR. And through RTI reply, Board Authorities have themselves admitted that it is late by 11 years. No responsibility is either taken or fixed for the delay (may be because the work is to be done by elite class of the department, so how can the responsibility be fixed). Only hype is created every now and then. Non-submission of Dossier of Superintendents exclusively from Mumbai is placed again and again in the Blog, as if the Mumbai officers are delaying the CR or creating a hurdle in fixing the date of DPC. It is the job of the Administration to tone up their local administration to get the work done as per dead line fixed by them, which they are miserably failing. But who cares!

We are silent and unable to raise our voice why the much delayed Promotion Order was issued in-situ and then the implementation kept in abeyance and finally implemented from 06/06/2014. The first order was issued on 31/03/2014. Six Officers out of 110, have undergone tremendous humiliation in the interregnum period and got retired, but there is no concern over it. 

Further, demand of temporary posts of 2118 exclusively created for the stagnated Cadre. Ideally, the stagnated cadre of Central Excise and Customs (Prev) should be only entitled for promotion following the terms of reference of CR parity in promotion. But we chosen to keep silent by not exposing the Board about the facts wrongly placed in the minutes of CR.  Even though we got enough time in between to take up this issue, we failed to utilize the time for our benefit and rather indulged in garnering the Dossiers as engaged by the Board.

Not only that, the Seniority List on the basis of which promotions are done, is full of flaws and hence cannot be the base for preparing the consideration zone for promotion without rectification and recasting it. Even this fact is also ignored.

It will not be out of place to mention the impact of N R Parmar Case but there is pin drop silence on this issue and no voice is raised by us to revise the Seniority List as per the Apex Court order. The members are already frustrated because of the step motherly treatment by the Board to the Central Excise Cadre and we by remaining on the post are unable to deliver as expected by our members.

Last but not the least, how serious the department is about the system of APAR, as named now, can be made out from the fact that the Form printed and provided is as per an age old OM of 1969, which is no more in existence and the even Rules have changed in 2007. Yet CBEC is ignorant about it. Why CBEC cannot go for DPC if they have concern about us even without APAR and with NRC and vigilance clearance only, as that can serve the purpose. But we are just towing the line not the efficacy or to find solution for it. IF THERE IS WILL THERE IS WAY, but things are moving where there is a pull there is a way.

Silence is not the virtue or criticism is not the symptom of jealousy. Cadre in mass is expecting a fair action at the earliest. 

                                                                                                 --CESA MUMBAI