ACT BEFORE IT IS TOO LATE

ACT BEFORE IT IS TOO LATE

Mumbai Customs, who organized the Customs Marathon on Sunday 29.10.2017 was a mega event. The said half-marathon was flagged off by Hon’ble Finance Minister along-with other dignitaries like the Chief Minister of Maharashtra and other politicians as well as by our Chairperson, Mrs Vanaja N. Sarna accompanied by Member (P&V), CBEC. All the senior officers of Central Excise & Customs, Mumbai, including the newly minted 69^thBatch IRS Officers participated in this mega event. Many serving/retired officers of Mumbai and many celebrities and other civilians were also present. The event was sponsored by many corporate houses and on that particular day, the New Custom House was so beautifully decorated & lit, that we are short of words.

However, in the banner, logo and posters used in the event, the word GST was conspicuously missing. It was almost as if Customs was a separate entity and not part of the CBEC and the new tax regime i.e., GST was the handiwork of Central Excise (Central Tax i.e., GST).

On 28^th October, 2017, our Chairperson also inaugurated the mega housing complex having more than 200 flats, which were newly acquired for all cadres for residential accommodation at Khargar, Navi Mumbai. The delegation of CESA, Mumbai, was invited and the office bearers attended the function.

An appointment, as sought by CESA, Mumbai, was granted by the Hon’ble Chairperson and Member (P&V), CBEC. The delegation of CESA Mumbai, comprised of General Secretary, President, all Joint Secretaries and Joint Secretary AIACEGEO represented and apprised the Chairperson. The delegation submitted a representation and apprised the various burning issues, like shifting of CGST Commissionerate offices inside the jurisdictional area, re-casting of the Superintendents’ All-India seniority list, APAR system, Customs reorganization, etc. The Board Officials gave a patient hearing and appreciated the cooperation extended by the officers for smooth roll out of GST and tackling the transitional problems in a smooth manner. The detailed representation handed over to the Chairperson & Member (P&V) is annexed.

In the said meeting the other group of officers were also present. When they presented their issues, the Chairperson out-rightly dissuaded them from raising any issues on the basis of any groups or any allegations. Their presence was thereafter ignored. This was witnessed by the Chief Commissioners, Commissioners and other senior officers who were present on that fateful day. It is surprising since last 5 years they were able to raise only one issue i.e., Control Room Duty, which they are sincerely doing and the authority is not discontinuing or they do not have the guts to close the said points according to the change of the times and the taxation system. Individually they propose the names of Officer for being posted to premier investigative agencies like ED, DRI, DGCEI, etc.. Sometimes they also request discreetly for repatriations or any changes when some individuals followed the rule book and do not fall into their appeasement they become intolerable to them. Less said the better, because those who are dedicated for the cadre, they work silently without naming / promoting their individual names or drumming their names for credit. The meeting was concluded and the delegations, as assured, submitted another set of representations, specifically raising Mumbai issues (which will be published later on).

The present state of officers posted in the GST Commissionerate is so appalling, whether posted at Hqrs., Divisions, Audit, Appeals etc., have no proper place for sitting, facilities, infrastructure, sub-ordinate staff. It pinches further, when senior officers call the officers from outlying formations to come to Hqrs. for any work, officers’ move from one corner of the city to another corner, at their own expense, as many of the Hqrs Offices are located outside the jurisdictional area, as per the convenience of the senior officers - for ease of commutation, etc. Even for sending the official tapal, through a contingency worker or havaldar, the officer has to bear the expenditure, which has now become a regular & routine affair. Newly promoted senior officers have no guts to redress even a small issue, but rather threaten them by way of transfer or putting adverse remarks in the APAR, and consequently names to be included in the list of officers who are to be considered under Rule 56J.

NO DPC:

It is learnt that DPC would not be held, for promoting Superintendents to AC, against the vacant posts. It was also mentioned before the delegation by the Chairperson and Member (P&V), that obstacles are being continuously placed by the south unit, either in the name of N R Parmar or MACP, apparently for their sadistic pleasure.

Promotions from Commissioner to Pr. Commissioner and Joint/Additional  Commissioner to  Commissioner on ad-hoc are in the cards and orders will be issued shortly. But, our ad-hoc promotions are held up  in one or other pretext for which a sectarian group is also responsible.

In the next quarter, many of the current Chief Commissioners will be attaining superannuation and it appears that their posts will remain vacant and many of the work at various zonal levels will come to a stand-still, as no officers, other than those holding additional charge, will act on issues. They only act as witness, as we have experienced it in the past. We have seen for want of Chief Commissioners / Commissioner / Additional Commissioner / JC / Dy. Commissioner are given the charge of one rank above without any hurdles, but the same criteria is never adopted to our eligible Superintendents having considerable period of service who are due for promotion to Assistant Commissioners. Same Board with double approach : one for us and one for them.

REGULARIZATION OF CONTINGENT WORKERS

The issue of contingency workers, for which the senior officers always show their compassion, but when the time comes to act, even the bare minimum effort is not put in to send the correct reports to the Board for their regular appointment. There is hardly any concerted effort for their regularization. Since 1993, Board, at regular intervals issue several instructions asking about the details so that the contingent/casual workers can be regularized. But many of the Zones, including Mumbai, have submitted NIL reports. Authorities spend lakhs of Rupees to engage counsel for the sake of not paying them the legal wages, thereby defying the Ministry’s and/or Boards directives. The individuals who are attached to this Department for more than 2 decades are languishing with a meager amount which is paid to them now as a contingency worker. Several individuals do not have the capacity to knock the door of CAT and get a favourable order,& are silently expecting today or tomorrow ‘Kash unke liye achche din aayenge’. DGHRD has presently constituted a committee and working hard in this regard. It is hoped that all the individuals working in all Zones / Directorates will get justice and benefit from the amnesty. CESA appeals to all the officers to send correct factual reports and not to hide the things, out of fear and guide such poor workers, also as a service to humanity if not anything else. The Marine and Preventive wing is the worst sufferer on this count as the cadre controlling C. Ex. Authorities are kept in dark by the Marine & Preventive authorities and on their own they do not act in a timely manner. Without them, we are handicapped although we are known as supervising officers without any supporting staff it is they who accept our all commands and fulfill the same in our day to day office work. They deserve their due and their service may be regularized if they fulfill the conditions as prescribed by the Board.

REVIEW OF PENSIONERS

Last week a meeting was held to liquidate the pendency of review of revision pension and family pension and updation of BHAVISHYA. In several zones the cases of several Officers are pending,hope before the end of this month, all the cases will be revised and the retired officers will be benefitted.

VIGILANCE CASES:

En Number of cases are pending and there is no initiative being taken for handling legacy issues in the GST regime & to dispose of the vigilance cases. Several officers, now retired, are making round after round in the office where they have retired. However, no efforts are being made to expedite the processing of such cases, thereby making the life of these retired officers miserable. Similar is the fate of the officers whose First and Second stage advise are pending - just for ritual sake to punish or to exonerate them. Now it is high time board has to act and give a deadline like in the case of pensioners to dispose of all the vigilance cases.

UNITY

In our childhood we have been taught about unity in the family and society /school and wherever we may be. But at that stage we have never understood what is the real meaning of Unity, although we have written several write up while writing essay or précise writing in our school days not understood at that time now also. Our two factions are engaged themselves to score on each other who is the best. The issue of MACP, re-casting of seniority list as per the N R Parmar judgment from which date is not notified till date by the Board. Several other issues are in the cupboard as it is. The best can be adjudged by delivery but after the convention there is no symptom of Achche Din. Hope Unity will prevail and cadre will prosper. Sooner the better.

DISCRIMINATION:

Customs tactically & strategically snatched the Customs works carried out by Central Excise Officers. CESA Mumbai is the only Association who raise their voice in our favour, no one else. This is the last month maybe and thereafter all the customs related work will be carried out by Custom Officers. We are designated as Inspector/Superintendent but nothing will remain in our hand or table to Inspect or Supervise except working like a watchman before All-In-One Desktop.

APPEAL TO ACT

Lastly, it is sad to narrate the struggles & impediments faced by the huge work force of CBEC, especially those who are in Central Excise, they seem to be at the receiving end. Neither the Board is taking care of them nor the fraternity representing forcefully their issues. In the 19^th Council, the allocation of assessees was agreed upon-  10% -50% to Centre and 90%-50% (based on turnover) to state as well as 4 slabs, highest was 28%. After a long hue and cry, the government has realized and understood the difficulty at the trade level and gave lot of relaxation and simplifications in the 23^rd Council Meeting which was held on 10.11.2017. We do not know what will be the fate of ours, after the assessee remains registered for tax compliance and thereafter allocations to state and centre and what the share the centre will have in their possession. We claim that we trained them and after the training is over they take everything from the dish, kept the empty plate in our hand to hold.

The Government understood the difficulty faced after GST as reported by various trade and corporate but we failed to put forth the difficulty of ours as envisaged in the GST rules and laws. We appreciate the present luminary Chief Commissioner Central Excise Bangalore Zone Shri Vinod Kumar who is behind every move of our board in GST realize and felt that no officers is active either in Whatsapp or Facebook or any representations for any changes in the rules and regulations and procedures for a better tomorrow for a Departmental Officers. Hope we will strive to our best for the same to point out the shortcomings or lacunae or improvement in the GST law. At least in this regard, we all should work united to strengthen our base for the future.