REVIEW DPC AND EMAGICA OF TEMPORARY POST

Long pending Review DPC to be held on 27.05.2015. DPC may consider around 22 Central Excise and 10 Customs Officers for the post of Assistant Commissioner. There will not be any regular DPC for the vacancy year 2014-15 and 2015-16 due to RR of group ‘A’ pending with DOPT.  Unless new RR come in existence or exemption from DOPT for holding DPC for temporary post, no promotion will be considered.

Delegation of CESA Mumbai greeted newly elevated Members Shri V.S. Krishnan, Shri Najib Shah, Ms Nirja Shah, Ms Vanaja N Sarana and Shri A.K.Kaushal. Allocation of Charge is expected soon.

CHALLO DELHI NOW BOARD IS FULL

GAP BETWEEN BOARD AND STAFF

                                                                                                                        Ref: CESA/38/2015

                                                                                                                        Date: 22.05.2015.

Shri. Shaktikant Das,

Hon’ble Revenue Secretary,

Ministry of Finance, Department of Revenue,

North Block, New Delhi.

Respected Sir,

                        Sub: - Request for holding DPC for promotions from Group B to Group A

&

                                    Empanelling year-wise as per DPC Rules by DOPT – Reg.

            All Ministries under the Government of India, has under its control, many Boards, for smooth functioning of the particular Ministry.  Similarly in Finance Ministry we have two Boards, one is for the Direct Taxation and another is for Indirect Taxation, CBDT and CBEC, respectively.  Revenue collection-wise as well as workforce-wise, CBEC is far ahead of CBDT.  The functioning of CBDT is so smooth and friendly, not only to the Trade but also to their staff, wherein the litigation from the staff-side is negligible.  On the other hand in CBEC, it is quite opposite, be it in the field of facilitation for the Trade or the Staff.  It is the lower formation in the CBEC, i.e the Inspector and Superintendents who toils hard for collection of Revenue in adverse conditions, whereas at top level they take all the benefits and have least concern or care to improve the conditions except giving assurances to get their work done, before moving from one place to another.

            After much delay, the reorganization of the Commissionerates and Cadre Restructuring was rolled out in October 2014, and the then Chairperson Ms. Shanthi Sundaram, with your co-operation issued the promotion orders of Group B to Group A officers for around 2118 posts.  In the said order, inadvertently the names of around 22 officers were left out for some reason.  When this was brought to the notice of the Board, CBEC agreed to rectify, but till date no review DPC has been held and no promotion order has been issued and these 22 officers, for no fault of theirs, were deprieved of their promotion. 

            In 2014-15, around 131 posts have fallen vacant in Group A on account of superannuation of the promoted officers, some more posts have fallen vacant in the grade of Assistant Commissioner on account of retirement during the period and another 250 (Promotee vacancy quota) posts are lying vacant. 

            Similarly in the year 2015-16, 344 posts are falling vacant due to retirement and another 250 (Promotee vacancy quota) posts are expected to become vacant which needs to be filled.  For this purpose a panel of officers has to be kept ready as per DOPT instructions.

            Sir, the posts that are likely to become vacant, are much more because it has not included officers who are going on VRS or due to untimely death of the officers.  

                Sir, the posts that is likely to become vacant, is much more because it has not included officers who are going on VRS or due to untimely death of the officers.    

                The CBEC, is expressing their helplessness, as they do not have the forum of members for conducting the DPC as the posts of the Members in CBEC is lying vacant since long.  The huge number of vacant posts, at Group A entry level, around 1000 in number, is being managed by giving additional charge to the officers presently posted.  Due to this, only cosmetic work is being carried out and the actual pendency in various field of work are piling up.  The officer who is holding additional charge is more concerned for his own charge.    

            It is earnestly requested as the Cadre of Central Excise is the worst sufferer in the hierarchy of the career progression is concerned and delay in holding DPCs for granting promotions further aggravates the situation.  Therefore your personal intervention is earnestly requested.  Kindly instruct the CBEC to carry out the DPCs in a time bound manner and to effect the promotions and not to keep the posts vacant for so long so that no one from Staff’s side would encroach your precious time, atleast in this regard.

            Thanking you,

Yours Sincerely,

(A. K. SASMAL)

GENERAL SECRETARY.

Copy to:

1.    Shri. Kaushal Srivastav, Hon’ble Chairman, CBEC, New Delhi, for kind information and with a request to expedite to hold the DPC for promotion and defuse the resentment brewing in the Cadre.

2.    Ms. Joy Kumari Chander, Hon’ble Member (P & V), CBEC, New Delhi, for kind information and with a request to expedite to hold the DPC for promotion and defuse the resentment brewing in the Cadre.

3.    Ms. Neerja Shah, Hon’ble DG, HRD, CBEC, New Delhi, for kind information and with a request to expedite to hold the DPC for promotion and defuse the resentment brewing in the Cadre.

FROM CESA'S DESK

The Hon’ble PM is returning from the 3 nation tour today evening. The filling up of the Member’s post in CBEC which is lying vacant since long is likely to be cleared today evening or at best tomorrow.  All the pending work which is in standstill mode will start gathering momentum.

The pending Review DPC from Group-B to Group-A, incl. vacancies for the year 2014-15, for which dossiers are ready, will happen after the Board is fully constituted.  Expect the result within a fortnight.

It is learnt that positive news of MACP (grant of Grade Pay of Rs. 6600/-)  is also expected within a fortnight.

After the retirement of the then Chairperson of CBEC, Smt. M S Shantisundaram, in Oct-2014, the functioning of the CBEC had come to a standstill. Susbsequent retirements in the Board added to the work getting frozen.

            CESA hopes that all the pending work, not only in Mumbai Zone, but also of other Zones will be taken up on a priority basis after the Board is fully constituted.

SPIRIT OF MUMBAI & THE RARE SHOW OF LOVE & AFFECTION

Ms. Aruna Shanbag died on 18-May-2015 in KEM Hospital, Mumbai. The entire nation reacted with sadness. She was in a vegetative state after she was brutally raped by a wardboy, Sohanlal B. Valmiki, in 1973. The staff of KEM Hospital took care of her for more than four decades. The rapist was convicted and walked free from jail after 7 years and is now settled in Delhi.

            There are no words for the excellent service & care extended by the nursing staff of KEM Hospital, and also the support extended to her by the top management of the hospital – the care was so excellent that in spite of being in a vegetative state, she did not have even a single bed-sore !!

Due to pneumonia, she breathed her last on Monday. She had become an in-seperable part of KEM Hospital, the love & affection & attachment was so deep & intense that even the last rites were carried out by them.

CESA, Mumbai salutes the spirit and yeoman services rendered by the KEM nursing staff.  The spirit of Mumbai in caring for somebody in a manner better than blood relatives, Aruna will be an example. 

kuchh meetha ho jaye

                                                                                                                   Ref: CESA/31/2015

                                                                                                                   Date: 12.05 2015.

The Chief Commissioner,

Central Excise, Zone-II,

Mumbai.

Respected Madam,

            Sub. : Chaos and confusion created after issuance of ICT of Zone-II- Reg.

            As you are aware the then Chief Commissioner of Zone-II, before leaving her office, formulated Transfer and Posting Policy of Group B Gazetted and Non-gazetted officers. The said policy was issued vide F.No. II/3-7/Admn/CCO/MCX-I/2015 dated 10.4.2015. Since April, several telephonic requests were made, to provide the data regarding the officers of Zone II, so that the PCCO office could issue the IZT order.  After long pursuance, CCO Zone-II office forwarded the data regarding 106 Superintendents and 77 Inspectors on 06.05.2015 which was received on 08.05.2015.

            It is surprising to learn that on 11.5.2015, CCO, Zone-II vide Estt. Order No. 08       dt.11.05.2015 had issued the ICT Orders for Superintendents and vide Estt. Order No.09 dt 11.05.2015 had issued the ICT Orders for Inspectors.

            CESA condemn the said Orders which are full of premature, unwarranted and violation to the present approved policy which needs to be cancelled in toto. 

            Madam, you have been misled by your subordinate officers to issue the said Orders which are in total disregard to the efforts and legacy of Ms. Arusha Vasudev Madam and the transparency maintained by her in such matters. The PCC office, which is newly created for smooth administration after restructuring, is processing the data for           

IZT for Central Excise Zone-I, Zone-II, Service Tax Zone and LTU. In the mean while, there was no need to issue such Orders ignoring the policy guidelines and assurance given by the outgoing Chief Commissioner. Even she could have done this as per the practice in the Zone much earlier before demitting her office but after the formulation of policy, she refrained from issuing any such Order and waited for IZT as per policy.

CESA request your good-self to keep these Orders cancelled as it may create more confusion and indiscipline apart from avoidable administrative multiple dislocation. Moreover, the name of the officers appeared are already in the list due for rotation submitted by CC Office, Zone II to Service Tax Zone. It is also requested to inform all the Commissioners of your Zone not to carry out AGT until the main IZT is issued by the PCC Office.

            Kindly, give us a date at your convenience for a meeting with the delegation of CESA Mumbai, so that details can be appraised to your good-self as the above said Orders are full of infirmities.

                                    Thanking you,

                                                                                                                        Yours sincerely,

               (A.K.Sasmal)

             General Secretary.

Copy to:

1      The Hon’ble Member (P&V), CBEC, New Delhi for kind information, also with a request  to intervene and instruct to resist from issuing piecemeal Order.

2.   The Hon’ble PCCO, Mumbai Zone, for kind information and appropriate timely 

     action for issuance of IZT and to avoid such type of situations. 

HOW WILL GST SYSTEM FUNCTION?

The following are the salient features of the proposed pan-India Goods and Services Tax regime that was approved by the Lok Sabha by way of an amendment to the Constitution:

It will subsume central indirect taxes like excise duty, countervailing duty and service tax, as also state levies like value added tax, octroi and entry tax, luxury tax.

The final consumer will bear only the GST charged by the last dealer in the supply chain, with set-off benefits at all the previous stages.

 As a measure of support for the states, petroleum products, alcohol for human consumption and tobacco have been kept out of the purview of the GST.

It will have two components -Central GST levied by the Centre and State GST levied by the states.

 However only the Centre may levy and collect GST on supplies in the course of inter-state trade or commerce. The tax collected would be divided between the Centre and the states in a manner to be provided by parliament on the recommendations of the GST Council.

The GST Council is to consist of the union finance minister as chairman, the union minister of state of finance and the finance minister of each state.

The bill proposes an additional tax not exceeding one percent on inter-state trade in goods, to be levied and collected by the Centre to compensate the states for two years, or as recommended by the GST Council, for losses resulting from implementing the GST.

FILING OF COMMISSIONERS AND RELIEVING OF EXERTION & STOPPING OF MERRY-GO-ROUND

                                                                                                                  Ref: CESA/27/2015

                                                                                                                  Date: 05.05 2015.

Shri. Shaktikant Das,

Hon’ble Revenue Secretary, Ministry of Finance,

Government of India, New Delhi.

Shri. Kaushal Srivastav,

Hon’ble Chairman, CBEC,

Government of India, New Delhi.

            Sub:    Request for filling the post of Commissioners in Central Excise & Service

                        Tax, and utilization of manpower in a productive manner – reg.       

Respected Sir,

            This is to bring to your kind notice, that after Cadre Restructuring and Reorganization of the Commissionerates, new Commissionerates have been formed.   Since October 2014, in Mumbai, 7 Service tax Commissionerates, 3 Audit Commissionerates came into existence in Service tax zone and 3 Audit Commissionerates in Central Excise and one Audit Commissionerate in LTU were formed.  However even after a lapse of 6 months, many Commissionerates are still in operation without regular Commissioners. This type of CR and reorganization of the Commissionerates no one have imagined where there will be no Commissioner’s & Inspector’s, subordinate staff and without infrastructure and other facilities.

            Mumbai Service Tax Zone collected Service Tax exceeding the revenue target and the total collection of Service Tax is around Rs. 56.5 thousand crores which is over and above the target fixed for the Zone, and is 33% of the entire tax collection of the country.  The performance of Audit Commissionerates of Service Tax is also commendable.  The expectations from officers are very high but when question comes to deliver them the proper working condition we find there is no accountability at any level. This is in the face of best efforts by the local authorities.  Things are not moving ahead or stand still in various spheres like filling of vacant posts, hiring of buildings for newly created offices and providing infrastructure for working, etc.

            In Service Tax IV, V & VII, Commissionerates, no regular Commissioner has been posted and the officer to whom the additional charge is entrusted is operating from the office located at Churchgate, Mumbai.  The field staff are sitting in different location/ premises far away from Churchgate,  e.g. Service Tax IV is situated in Lotus Building, Parel, Service Tax V situated in BKC, and Service Tax VII is situated at Dharavi.  But Commissioners, who are holding charge of these Commissionerates, sit at Churchgate office and all the officers have to come all the way to Churchgate for office work, sanctions and approvals.  Terrible strain is caused on the officer and time is wasted for these movements and many times the officers have to go around several times for a simple approval.   Not to mention the money an officer has to spend from their pocket, as well as mental and physical exertion.

              

               In CBEC, there is no shortage of Officers in the rank of Commissioners, as

is in the case of Inspectors.  Due to non posting of regular Commissioners, the work of the Commissionerates are severely hampered from all corners and the lower field staff are the worst victim of this disorganized way of working, since they are held responsible for discharge of time-bound work with or without proper facility.  This causes increase in stress level of the field officers, who are already frustrated due to the poor prospects in their Career progression and forced to attend all sorts of work in a time bound manner.  

            

            Mumbai gives the maximum Revenue and has potential to fetch more as can be visualized the VCES Scheme declared for tax evaders has crossed the expectation of the Ministry that itself shows that whatever is coming is not on their own but just out of fear and what is evaded is far more, as these evaders are aware that the Government mechanism is weak and insufficient to book them for their evasion.  In Mumbai Zone, 3 executive Service Tax Commissionerates, one Audit Commissionerate in Central Excise and One Audit Commissionerate in Service Tax are vacant. 

            

            CESA suggests that for better Tax Administration and to reduce the exertion to the field staff, in carrying out nonproductive work of carrying files from one office to another office and waiting before the authorities for hours together for their instructions and directions, is non wisely and is not economical in any aspect except creating pressure among the staff.  In a short span more than 8 Superintendents have expired on account of heart attack and many more officers are denied of their leave, LTC, HTC, etc forcing them to work beyond office hours and on holidays.   Further, to motivate the staff, all modules of the ACES system be made functional and be implemented strictly, as this will save time and energy and bring in transparency and improve the disposal rate.   It is in the knowledge of everyone concerned that the Department is short staffed in the cadres of Inspectors and the entire force is exhausted and frustrated and is likely to collapse as it has reached its saturation level from April to March, each passing year.    

            CESA hopes that your good self will intervene and will not allow to keep vacant any post of Commissioners, executive or Audit Commissionerate in Central Excise and Service Tax in Mumbai, for the sake of Revenue and to give relief to the field officers, whose service can be utilized in a prudent manner.  

            Thanking you,

Yours Sincerely,

(A.K.SASMAL)

General Secretary

Copy to :

1.    Ms. Joykumari Chander, Hon’ble Member (P & V), CBEC, New Delhi, for kind information and also with a request to post Commissioners in Mumbai Central Excise and Service Tax Zone.

2.    Principal Chief Commissioner, Central Excise and Service Tax, Mumbai Zone, for kind information also with a request to report to the Board not to keep the post of Commissioners, vacant in Mumbai Central Excise and Service Tax.  

Mumbai Customs Review DPC of Examiner and PO

The placement in the seniority of the Mumbai officers were changed after two review DPCs, held in 2014 and 2015 as well as on the basis of representations made to Board and DGHRD, i.e into 1996 and in the seniority list of 1998 to 2006, which has been available in DGHRD site as per the OM dated 26.03.2015.  After long persuasion, the injustice meted out to the officers of Mumbai Zone, had been rectified.  But it has come to our notice, that a negative campaign has been started, without ascertaining the legality.

Now CESA, Mumbai is enclosing the review DPC held by Mumbai Customs on 15.12.2014, wherein 195 officers’ seniority has been changed by giving affect 1^st July 2002, 25^th Nov. 2002, and 16^th Dec. 2002, i.e prior to previous restructuring on 1^st July 18.12.2014, vide Estt. Order No. 219/2014.     
Definitely, these changes will have an impact, that the stakeholders, viz., Examiners and Preventive Officers of Mumbai Customs, will get a chance and an upper hand in the Group A promotions.  We will be in the temporary and being junior, they will be in the top and become regular ACs before us.  By this the Customs officers will be eating the ice-cream and leaving the stick for us to hold tightly.  

Establishment Office Order No 219/2014 dated 18-12-2014

MUMBAI REVIEW DPC

Mumbai Cadre Controlling Authority, held its DPC and issued Estt. Order No. 60 to 71 of 2015 all dated 08.04.2015, wherein 837 officers’ seniority was refixed, from the date of promotion, as per the Board’s instructions dt. 26.10.2011, issued to Jaipur Zone. 

            The cited orders are available in the Central Excise Mumbai I website as well as in our blog.

Establishment Order No 60 / 2015 To 71/2015  [Zip File Available]