Tuesday, February 23, 2016

FARCE & FORCE OF CENTRAL EXCISE DAY CELEBRATION...


Tomorrow is the Central Excise Day, which would be celebrated in all the Central Excise & Service Tax Zones across the country. You will find messages in all the leading newspapers by our FM, MoS-Finance, Revenue Secretary, Chairman & Member-CX of CBEC.  There is nothing new or inspiring in the messages, as they are more or less similar to the earlier year messages. There appears to be no introspection as whether what was proposed in the messages – of improving the administration and the manner of revenue collections, were accomplished or not.

It is hoped that the improvement in the amount of Revenue collected in this FY is not attributed to the increase in the efficiency of the senior officers of the Department...  

It is also hoped that international prices of crude oil will not go up, then, for meeting the next FY revenue target, the efficiency of the senior officers of the Department will be severely exposed...

CESA, Mumbai remembers the then Chairperson Smt. Shantisundaram, who because of her dynamic action was able to roll out Cadre Restructuring and re-organisation of the Commissionerates. Thereafter, everything has come to a standstill, although many heads have come & gone.

CESA, Mumbai remembers the then Member Shri V. S. Krishnan for his vision and taking action according to the need of the times. He was also instrumental in arranging seminars for training the officers of Service Tax and in Central Excise Audit Commissionerates and making the staff knowledgeable and skilled, so that they are not intimidated by the CAs, consultants and lawyers. He took keen interest in the improvement of the infrastructure for new Commissionerates and also in maintenance & repairs of existing quarters and acquiring new residential accommodations. It was his dream to set up a computer forensics lab in the Service Tax Commissionerates for facilitating extraction and analyzing data from seized computers and hard disks. This will enable the Anti-evasion teams to detect concealing, clubbing, camouflaging of accounts by the ST assessees. His concern towards the staff irrespective of the cadre was touching and an endearing trait. He was very pro-active when it came to the needs of the staff especially during medical emergencies and was quick in granting assistance. He was simple, humble, honest, was an able administrator and never succumbed to any pressure tactics.

The motto and aim of celebrating Central Excise Day should be to infuse belongingness, increasing affinity, bonding and to increase the level of interaction & camaraderie among the staff and officers of the Department, to become and function like one large family.  Unfortunately, over the years, the Central Excise Day function is becoming more pompous & hollow, and is lacking any participations of the staff, forget about the family members. When it is our in-house function, no invitation is required because all of us are the hosts. But it is ridiculous to see that the invitation cards are sent only to the Group-A officers, whether retired or in service. What message does it convey ?

The time has come for the Department to stand united, when every wrong step taken is being pointed out or highlighted by either by the Judiciary / CESTAT or RTI activists. Instead of gearing up with knowledge, skill, infrastructure to serve the tax payers better, we should not look like a divided house - having less interest in our jobs and more interested in playing the blame game…

Mumbai being a city of dreams, the Central Excise Day function becomes the centre of attraction, not for the message of the dignitary, but for the entertainment programme by film personalities. Earlier, movies used to be made on the basis of real-life events & on real heroism shown by the officers of the Department. But alas, we are now crazy about the reel-life heroes... 

When staff are under terrible stress, there appears to be no mechanism for its redressal. In addition to the work stress, lack of supporting staff at all levels & lack of basic infrastructure, another factor increasing stress in staff are the medical bills not being disbursed due to lack of funds and therefore forcing employees are taking loan from the banks for their treatments. Another factor is the denial and / or curtailing of leave which creates a rift in the family and agitates the employee, resulting in stress both in the office and at home.

Excellent officers are quitting by giving VRS and others are waiting for the implementation of the 7th Pay Commission and thereafter opt for VRS.  Departmental officers should introspect about their style of functioning and ensure that the staff should be content in all respects and to put a stop to the brain-drain.


CESA, Mumbai appeals to all the staff and officers of the Department to help each other and to be support to those who are facing difficulties in both their personal & official capacities. 

Officers will come & go, but what they say & do will remain in the hearts & minds of the officers forever.

On the eve of the occasion, CESA, Mumbai extend its best wishes to the entire Central Excise fraternity.

JAI HIND...

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Saturday, February 20, 2016

A TIMELY WARNING...


Today is a state-wide holiday – to celebrate Shivaji Jayanti. Historically, Chatrapati Shivaji is known as a great warrior and is renowned for his administrative acumen & ability. But it is unfortunate that when the entire state is in jubilation mode, the family of late Shri Phadke is in mourning.

Life is precious and we believe that human beings are made in the image of God and children are God’s gift. Life is not meant to be lived for self but to be spent in the service of others. The parents who gave birth to us, our spouse, children, kith & kin and friends, all who help us to stand in the society in a dignified manner, certainly have a claim on one’s life.
A torchlight in a dark cave – it doesn’t show you everything at once...but it gives enough light for you to take the next step in the right direction. Life is such a journey that is to be completed without any major mishaps and accidents. There are several torch-bearers around us and we should take their help and support when needed.
CESA appeals to one and all, who know the manner of functioning of the Deptt., with the bare availability of facilities and the ever increasing work-pressure in our day-to-day working, please take care of your health and family life and never sacrifice them for the sake of work. The Deptt. will continue functioning in spite of your absence, but the loss of life is irreparable as far as an individual or his family is concerned.
It is customary for the senior officers to pay homage by visiting the home of the deceased officer, but it will be a much greater service to the Deptt. if they will contribute to improve the working environment and making it more cordial & workable.
Hope that this incident will open the eyes of the Administration and make them more humane towards the lower formations and treat them with dignity & respect.
 
"Swords" and "words" have the same alphabets...,
they even have the same effect if not used properly.... 

The death of Shri Phadke has shocked the entire Central Excise & Service Tax fraternity, but the need of the hour is not to point fingers at anybody and play the blame game...
A loss is a loss....
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Thursday, February 18, 2016

OBITUARY - SUPDT. RAVINDRA S. PHADKE



                          14-Jan-1968 - 18-Feb-2016.
 
Shri Ravindra S. Phadke, 48 years, working as Superintendent, Service Tax, residing at Risabh Housing Society, near Liberty Garden, Malad (West), with his family, is no more.
 
Shri Phadke joined the department as an Inspector of Central Excise in the year 1993 and worked in various formations including DRI. He was promoted as Superintended in January 2015 and his last posting as Superintendent was in Division IV of Service Tax III Commissionerate.
 
Due to the new pressure-filled work culture prevailing in Mumbai Service Tax, coupled with the shortage of support staff, lack of basic infrastructure and the pressure tactics for forceful & arbitrary implementation of Rule 56-J of the Administration, might have taken a toll on him.
 
He is survived by his wife, who is working in a private company, and a son, who is doing engineering.

Cremation may take place today, late at night.
 
 
This incident has shocked the family and the entire Central Excise fraternity. Earlier, several untimely deaths occurred in the Service Tax department, due to heart attacks.
 
Officers working in the Mumbai Service Tax Department are under a huge amount of stress. Adding insult to injury is the denial / curtailing of leave, which causes a rift in the family, which the officer has to undergo silently. So, eventually, the officer can neither have job satisfaction nor a contended family life. 

Administration should therefore introspect and amend their way of administration in Mumbai so that a conducive working atmosphere will prevail and staff will be comfortable / amenable to disclose / resolve their problems, whether it is official or personal. Otherwise, the uniformed cadre of this Department will not take much time to resort to tit-for-tat, forgoing their discipline, similar to the tragic incidents that has taken place in CISF, BSF etc.

 
CESA expresses its profound grief on the untimely departure of Shri Ravindra S. Phadke and pray to the Almighty to let his soul Rest in Peace.  CESA also prays that his family may be strengthened to overcome this great loss.
 
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Friday, February 12, 2016

CSI AIRPORT POSTINGS...

                                                                 Ref: CESA/05/2016
                                                                        Date: 11-Feb-2016.
To,
The Hon’ble Chief Commissioner,
Central Excise,
Zone-I, Mumbai.

Respected Sir,

Sub. : Request for filling up of posts in CSI Airport,   and filling up of vacant posts allotted to other zones – Reg.
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After a long persuasion, Mumbai Customs Administration, on 08-Feb-2016, informed all the Cadre Control Authority about the vacancies allotted to the Central Excise pool.
On going through the same, it is observed that the number of posts allotted to the Central Excise pool is the same as it was in 2014. There has been no increase in the posts allocated to the CEx pool after the increase in staff strength in the Cadre Restructuring in Oct-2014.
The strength of Superintendents from Central Excise pool is 56. Currently 10 officers (only 1 is from Mumbai Zone) are working in CSI Airport leaving a vacancy position of 46 officers. Even though posts are allotted to officers of zones other than Mumbai, it is seldom filled as very few officers, now a days, show willingness to come to Mumbai and work. Also, as many international airports have newly come up in different states, officers from the other states prefer to work at the nearest local formations / airports and the demand for Mumbai airport has declined, due to high costs of living and accommodation.
Hence, CESA-Mumbai requests the following :-
a)    To initiate and complete the formalities for selection and thereafter posting of these officers to CSI Airport, Mumbai. 

b)   In earlier years, Mumbai Customs Administration considered the request of the Patna CX Zone and posted more officers to CSI Airport, Mumbai, than the sanctioned posts. Similarly, as the posts allotted to other zones are lying vacant, the same may be filled from the Cadre Control of Mumbai Zone, so that more officers can be exposed to the Custom formations/work. This will result in double savings as posts will be filled locally and the accommodation shortage will not be burdened further.
In light of the above, CESA, Mumbai requests you to kindly make a reference to the Mumbai Customs Administration and enhance the number of officers to be posted to CSI Airport, Mumbai, so that in one go, the panel of officers can be prepared, which will save time of both the Administration.
 
Thanking you,
                                                                 Yours sincerely, 

A.K. SASMAL
                                                                 General Secretary

Wednesday, February 10, 2016

RUN / RUIN THE ADMINISTRATION...



                    Ref: CESA/03/2016
                    Date: 10-Feb-2016.
To,
The Hon’ble Chief Commissioner,
Central Excise,
Mumbai Zone-I.

Respected Sir, 
                              Sub:- Undue delay in Rotation, Transfer &        
                                        Repatriation of Officers – Reg.
With reference to the above, it is observed that the Orders are being issued but are not being fully implemented as some of the officers under orders-of-transfer are not being relieved on one-or-the-other pretext. To have fair rotations & transfers, a policy has been formulated but the same is not being followed in letter and spirit, which creates a lot of resentment amongst the officers posted to various formations and are waiting for their repatriation orders.
To be more precise, a skilled, experienced and knowledgeable officer never has to approach their Senior Officers for any postings. Automatically his work speaks for itself and he is utilized by the senior officers / Administration and becomes an asset to the Department. But nowadays, very often it happens that when there is a change in the leadership of an Organization, the new incumbent pulls in officers of his choice either from his earlier posting or officers known to him earlier. They perceive that they will not be able to perform with the current set of officers available under their command. They “indent” the officers and an informal request is made to make the known officers available. If this method does not work, then they themselves make every effort to get the said set of officers posted. Cadre Control office should not be a party to a syndicate who are keeping officers more than the prescribed tenure and allowing the same set of officers to serve in various grades even after promotions, decade after decade.
It is also observed that officers who are close to the previous senior officers are discarded by the new incumbents, even to the extent of shunting them out with false allegations, much to the detriment of the organization and its staff.
This amply shows that the service of these skilled officers are not utilized for the improvement in the performance of the organizations they are posted in, but for the senior officer’s own self-interests, whether it is DRI, DGCEI, ED, Settlement Commission, Commissioner(Appeals), Adjudications, etc.
Sir, the rosters are made for LTU, Pune and M&P. If the officers are not rotated in time, the very purpose of making the roster is defeated, and in the eyes of the officer, the presence of the Administration is not felt and all policies made are useless.
The tenure is fixed, the orders for rotation and repatriations are to be issued on time, without any delay & deviations.
As regards to DRI, DGCEI, ED, Settlement Commission, Vigilance, NACEN, etc., officers who have completed their deputations tenure (either 3 or 5 years + 2 years extension) or a loan posting 1 year, are to be repatriated immediately. No further extensions should be granted to them by obliging the individual senior officers, which sends a very wrong signal to the field formations.
It is earnestly requested that the Administration of the Cadre Control (Mumbai Zone) work be strengthened by making it an exclusive cadre controlling authority, like other zones in CBEC, and segregating the work of the Establishment section of Mumbai-I Commissionerate, like other Commissionerates. More staff also needs to be posted in the Confidential & Establishment section of CCO for this purpose so that necessary care is taken for each cadre under the Cadre Controlling Authority.
In view of the above, it is requested that the following actions be taken to make the CC office more effective & prompt in respect of staff welfare measures :-
(a)       Immediately issue the transfer & repatriation orders in respect of officers posted to M&P / Pune / LTU-Mumbai and ensure that officers under orders-of-transfer be relieved at the earliest.
(b)   A good number of officers are now being transferred from Mumbai Service Tax Zone to Pune / M&P, but no replacement officers are posted. Officers repatriated are posted back to their parent zones i.e., Zone-I or Zone-II. It is requested that the officers on the roster for ST of CX Zone-II should be posted to Mumbai Service Tax zone.
(c)  That orders for transfer on compassionate grounds are to be issued on priority basis and to ensure that the officer is relieved immediately, so that the relief intended is received.
(d)    The requests for transfer on medical grounds for self or because of illness in the family are to be considered on top priority.
(e)  Any representation received from officers is to be replied to appropriately, so that transparency & fairness in Administration will prevail.

Thanking you,
Yours sincerely
A.K. SASMAL
General Secretary
 CC :
a)  The Hon’ble Chief Commissioner, Mumbai CX Zone-II
The Hon’ble Chief Commissioner, Mumbai Service Tax Zone.

Monday, February 8, 2016

TWISTS & TURNS IN MACP...


MACP situation across the country

In Chennai, 69 officers, who were deprived of the 3rd MACP upgradation to GP 6600, approached the Chennai CAT and prayed for the following Relief:

It is therefore prayed that this Hon’ble  Tribunal may be pleased to direct the respondents to grant 3rd MACP  to the applicants  by  fixing them in the Pay Band -3  in Rs.15600-39,100 /-  with Grade Pay  Rs.6600/- on completion of  30 years of service  in the light of the  directions given by Hon’ble High Court Madras in W.P.no.19024/2014  dated  8.12.2014  and the decision of the Department of  Personnel and Training communicated  by the Central Board of Excise and Customs, Department of Revenue, New Delhi dated  26.5.2015  with all consequential and  attendant benefits including  arrears  of  pay  and allowances and pass  such other order or orders as may be deemed fit and thus render justice.

The matter is high on board – date is fixed for 19-Feb-2016. Hoping for a favourable order.

Against the Shillong Cadre Controlling Authority, an officer approached the Guwahati CAT and got a favourable order against recovery, vide its order OA No. 040/00416/2014 dated 26-June-2015, which has observed the following :-

12.  In view of the foregoing discussions, the OA is allowed in terms of Hon’ble Madras High Court in the case of Shri R. Chandrasekaran (supra) which has already been settled by the above clarification of DOPT and Ministry of Finance, New Delhi. Consequently, the orders dated 25.10.2011 as well as 07.08.2013 and last pay certificate dated 24.11.2014 are set aside. No order as to costs.

Similar judgements from Calcutta CAT has been issued quashing the recovery proceedings.

IN THE BOARD OFFICE, THE SAID ISSUE IS PRESENTLY BEFORE THE MINISTRY OF EXPENDITURE. BOARD IS PURSUING DOPT FOR EARLY REPLY. DOPT HAS ONLY GIVEN THE BENEFITS TO PERSONS WHO HAVE APPROACHED THE CAT/COURT FOR CONTEMPT.

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Ameeting of the Promotee IRS Officers were held on 6-Feb-2016. On the issue of RRs as well as Mumbai CAT judgement and caveat filed by Board in the Mumbai High Court, was discussed. To safeguard the interests necessary preventive measures were discussed and shortlisted those that were to be adopted. About regularization of adhoc promotions and flaws in the promotion orders issued by the Board giving benefits to other stake holders was also discussed and a strategy was chalked out. The President of All India Inspector Association, Shri Anupam Neeraj, alongwith their officer bearers and also office bearers of CESA, Mumbai attended the said meeting. The issue of MACP was also raised. Solidarity to the agitational programme of Confederation against the recommendations of the 7th Pay Commission and other issues was taken. It was also resolved to work unitedly with Inspectors & Superintendents towards staff welfare measures & career progression without any precondition or reservation.
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Friday, February 5, 2016

FROM THE DESK....


Mumbai-CAT to Principal-CAT, New Delhi

In Mumbai-CAT, OA No. 695/2015 on regional disparity was scheduled to be heard on 01-Feb-2016 but the same was adjourned to 04-Apr-2016.

i)             OA No. 588/2014, contesting the sanctioned strength position was scheduled to be heard on 02-Feb-2016, but due to non-availability of the Bench, the same was adjourned to 22-Feb-2016.

ii)            Three OAs filed by Promotee IRS officers against holding of Review DPC was scheduled high on board but due to non-availability of the Bench, the same was adjourned to 22-Feb-2016

iii)          OA No. 633/2015, on 3rd MACP filed by Shri Ratnaparkhe & Others, was adjourned to 14-Mar-2016.

Three OAs on the implementation of the Parmar SC judgement, is scheduled to be heard on 22-Feb-2016.

Holding of Review DPC

As you are aware, the Board has filed an application in the Principal-CAT, New Delhi to transfer all the OAs from the respective CAT benches to the Principal CAT, New Delhi. In the case of three OAs filed in Mumbai-CAT, all these are listed as high on board but due to non-availability of the Bench, the same was adjourned to 22-Feb-2016.

In Principal-CAT, on transfer, the applicants contested against the transfer as their case is in final stage in Mumbai. Matter is being heard today. Argument has taken place. Shri Brahmakshatri and his Counsel from Mumbai appeared & impressed upon the Bench citing the detailed position of Mumbai CAT and opposed the transfer. However, the Departmental Counsel requested for passover, as he was not ready to present the matter. When the Passover turn came and the Bench called the number, the Departmental Counsel was not present. Hence, the matter is adjourned to 19-Feb-2016.

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A meeting of all the IRS Promotee officers is scheduled to held in Mumbai on 06-Feb-2016 and the delegates from all over India is likely to participate. The main agenda points for deliberations are as follows :-

a)   To chalk out the strategy on CAT’s decision on RRs

b)   About the pros & cons of regularization of adhoc promotions.

c)   Recovery proceedings for those who have been granted 3rd MACP in GP Rs.6600/- etc.

Delegates of CESA, Mumbai will also participate in the meeting. Delegates of Inspector Assc., Mumbai, will also join the deliberations.


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