INDISCIPLINE IN DISCIPLINARY PROCEEDINGS

                                                                                                       Ref: CESA/92/2014

                                                                                                   Date: 23.12.2014

To,

The Chairman,

Central Board of Excise & Customs,

Ministry of Finance,

North Block,

New Delhi – 110001

Respected Sir,

            Sub: - Demoralized officers due to prolonged disciplinary proceedings – reg.

            This is to bring to your kind notice that for initiating disciplinary proceedings against junior officers viz. Inspectors and Superintendents, the disciplinary authority doesn’t take much time and initiates the proceedings even without ascertaining the role played by the officers. But in finalizing the same even the norms and period prescribed is not adhered to. The Disciplinary Authority who initiate the proceedings, leave their good office on transfer, leaving the matter as it is in the hands of the successor, who has least interest in the matter as he is not the person who has initiated the same, thus no logical conclusion is drawn and matter goes on lingering years together.

            Sir, the disciplinary proceedings are there in department as a retributive measure to correct the officer and improve the efficiency as checks and balance method. Reward and punishment theory go hand in hand but in factual it is reverse. The authorities are more keen in initiating the proceedings but not in rewarding the officers for good work or closing the proceedings and do justice either with officer or with organization.

Some of the instances to substantiate above is as under –

In Thane – I Commissionerate several vigilance cases were initiated in haste but in all the cases due care has been taken not to implicate any Officers of Group ‘A’ cadre. The vigilance cases have been opened in the year 2003 and 2008 and around 40 officers of the cadre of Inspector and Superintendents have been charge-sheeted after a lapse of period ranging well over 5 to 9 years. The inquiry proceedings have been completed in snail’s pace and the inquiry reports are still pending with the inquiry officers.  In one case even the inquiry proceedings have so far not completed.

 Sir, some of the officers even retired without getting any promotion, lesser pay and consequent lesser fixation of pension and withholding of huge amounts by the department from the pensionary benefits. This in itself is a bigger punishment. Each passing day one has to face humiliation and social stigma, which the officer may not even deserve for such a long period.

But all the Senior Officers under whom all this happened are remain scot free, enjoying all the benefits of career and promotions. In fact in same case the proceedings initiated against one Group ‘A’ officer were withdrawn.

Not only this, there are instances wherein even the prosecution was launched against the Senior Officers, but later on their name was excluded from the same.

Sir, the Association is not against cleansing of the Administration and refurbishing of the image of department but expect fairness and expediency in such matter. It should not be an exercise to find out scape goats to cover up the mismanagement and corrupt deeds of others just to show some action is taken and then forget. We also do not expect the double standard of administration in such sensitive matters or any vindictive attitude wherein only lower officers are made the target to show tough image of administration.

We expect the same care and positive approach, as taken in case of Group ‘A’ officers wherein expediency is shown to even clear them just before their retirement and issue orders of consequential relief like promotion, hours before their superannuation (no need to substantiate it).

This Association requests that all the pending disciplinary proceedings be reviewed expeditiously and justice be done with everyone, not merely through paper horses but by properly monitoring in time bound manner so that it should be visible. This will help administration also as the services of many good officers be utilized at its optimum. Kindly intervene and put all the pending disciplinary proceedings on priority.

Thanking you.

      Yours sincerely,

                                                                                                                  A.K. SASMAL

                                                             General Secretary

Copy to:

1.    Director of Vigilance, CBEC, New Delhi for kind information with the request to intervene and expedite the disciplinary proceedings.

2.  Chief Commissioner Central Excise, Mumbai Zone – I, for kind information and necessary action please.