Chilled the zeal to Brazil

Goa cancel brazil (study tour of 6 MLAs) under intense media pressure the GOA Govt. has  scrapped the study tour and decided not to spent exchequers money to the tune of 90 lacs. Due to the public outcry, the state administration took u turn within no time.

Last year, the CBEC arranged foreign training for elite class and sent officers abroad in two batches and the various offices of CBEC were headless during the period and a good no. of officers retired before implementing it in our day to day function in subject learning from abroad whatsoever.

CBDT sanctioned to give mid carreer training programe for officers rank of Principal Commissioners (25Commisionners income tax) in Wharton Business School, University of Pennsylvania. USA from 30.06.2014 to 11.07.2014

Officers will get DA /Cash Allowance: US $ 100 per day ii) Air Fare (to and fro): To be borne by this Directorate (iii) The Course Fee: To be paid to IIM Bangalore including accommodation charges. The expenditure involved in the tour of the officers will be met from the Budget allotted under the OAE for F.Y. 2014-15 for which the sanction is issued with the concurrence of JS & FA (Fin.), Ministry of Finance and approval of the F.M. received vide Diary No.216920 dated 11.3.2014.

What is the interest of IIM Banglore to borne the expenditure of foreign training of the officers when the Govt. is preaching for austerity then why the wasteful expenditure from OAE head for FY 2014 – 2015.

Similarly CBEC may follow the footprint of CBDT may sent officers from CBEC for mid career training programme abroad during the current financial year 2014-15.

In last December in Mumbai Central Excise, there was no amount to pay even electrical bill /telephone bill/office rent and stop procuring even purchase of computers printers rollers, toners, stationery etc. Even the Administration pleaded not to disconnect electricity, telephones to the concern authority in writing as well as request in person.

Majority of the office premises is in a scanty and in dilapidated conditions with age old furniture where junior officers are striving their best to get the work done, many medical bills are pending due to want of funds many officers are been denied and not allowed to proceed on leave in service tax and to forgo their LTC or HTC. When we do not have money in our OAE Head and the training taken/ to be taken in abroad will not have any benefit in  our day to day functioning or to rejuvenate the officers where majority of the non executive Commissioner post are lying vacant such  as Commissioner Appeals, TAR, Valuation etc.

CESA hope like in Goa state,  our CBEC will also learn to save money and utilize the said money in the field formation where the Junior Officers are even lack of basic facility like space toilet, water, etc   

ACES Training given to Senior Officers to train the lower officer but not a single one in Mumbai attended it and many of them are ignorant to operate ACES for day to day work. CAAP Training should be given in person but in reality, a CD is given for self learning the Audit.

Now last but not the least, prior to introduction of EA- 2000 training was given to the elite class officers abroad to learn the CEDA Canadian system of Audit, Canada had gave up the system of said audit but in CBEC it is going on but in what shape….. only God knows.  Not a single Senior Officer is visiting the unit as required under EA-2000 and the manner of MCM and other things least to speak.

The Tax / Duty we sincerely collect at adverse condition. The amount allocated for our maintenance should not be discriminatory rather purposeful for better effective Administration. Austerity is not just to disallow the LTC,HTC of Junior Officers when on travel various Senior Officers avail Air Travel for official purpose with no accountability. Hope, the good sense will prevail and CBEC में अच्छे दिन आएगें ।

Shaktikanta Das appointed as Revenue Secretary

     Shaktikanta Das, a 1980 batch IAS officer, was today appointed as the Revenue Secretary, replacing Rajiv Takru (from Gujarat Cadre).

     Das, 57, who is currently Fertilizer Secretary, would assume charge by Monday or Tuesday.

   Takru, 59, who has been Revenue Secretary  since March, has been appointed Secretary to the Department of North Eastern Region (DONER)

    Das was appointed as Fertilizer Secretary on December 26 last year. Prior to that, he was Special Secretary at Department of Economic Affairs in the Ministry of Finance.

    This is the first major top bureaucratic change in the Finance Ministry since Narendra Modi government came to power three weeks ago.

   The Finance Ministry, which is currently preparing Modi government’s first budget, has Arvind Mayaram as Finance Secretary, R P Wattal as Expenditure Secretary, Ravi Mathur as Disinvestment Secretary and G S Sandhu as Financial Services Secretary.

    CESA congratulates and welcome SHRI SHAKTIKANT DAS on his new assignment & hope the various pressing issues of our Cadre will be redressed.

     Shri Shaktikant Das An Oriya, History post graduate 1980 Batch from Tamilnadu Cadre. Prior to this appointment he has served in the north block as Joint Secretary Finance Expenditure in 2008 and Finance affairs upto 30/12/2013.

       He had never gone foreign for any training, A successful Cool & Strong officer & known for his innovative style of functioning.

    With Best Wishes.

                                                                  --CESA MUMBAI.

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

FROM CESA’s DESK

• ICT/IZT of 2014 of Mumbai ZONE-I will be issued by the end of this week.
• About CR, now, the absolute majority Govt. is formed by synchronizing/merging with various ministries. We also need absolute courage/determination to present our proposal of CR to be rolled out, before Hon’ble FM. Some more time may take place as the Govt. as well as Board is preparing for presentation of budget in the coming week. 
• CESA demanded to revise the Seniority List as per NR Parmar judgment dated 27.11.2012 to count Recruitment Year as Year of Vacancy. 
• CESA demanded to hold review DPC, for 104 post of Superintendent Cadre not filled since 1.1.1999, as per Board’s letter dated 3^rd April, 2014. 
•  On CESA’s request CC Zone-II suggested the Board to fill the post of M&P from Customs (Preventive). Similarly, CC Zone-I is, also, requested to suggest to the Board to discontinue staff from Central Excise to M&P. 
•  A meeting with the Officers of IFU, ADGHRM and CC Zone-I & Zone-II is scheduled on 6^th June at Churchgate Office for finalizing proposal of various new Office Premises and Transit Accommodation for Staff. 

      

REVISION OF ZONAL SENIORITY LIST AS PER N R PARMAR JUDGEMENT

                                                                                                                 Ref   : CESA/382014                                                                                                      Date : 30.05.2014

Shri V.S.Krishnan 
Chief Commissioner,
Central Excise,
Mumbai -I.

Respected Sir,

Subject:- Request for revising of zonal seniority list of Inspector Cadre from the year 1978 in light of Hon’ble Supreme Court decision dated 27/11/2012 in CIVIL APPEAL Nos. 7514-7515 OF 2005 CIVIL APPEAL No. 7516 OF 2005 & CIVIL APPEAL Nos. 3876-3880 of 2007 & Contempt Petition (C) NO. 526 OF 2013 in Civil Appeal 7516/2005- Reg

CR proposal of CBDT was notified but not implemented till date due to non-revising of seniority list of ITO. ITO officers filed the petition in the SC which is heard and the decision went in the favour of applicant but the said order dated 27.11.2012 was not implemented on being aggrieved the applicant filed the contempt petition for non-implementation of the said order. Meanwhile, just to escape from the contempt, DOPT has issued an OM dated 4^th March, 2014 as the date of hearing of contempt petition before SC was 5^th March, 2014. The Contempt Petition (C) NO. 526 OF 2013 in Civil Appeal 7516/2005 was disposed off on 9^th May, 2014 with the following direction: 

     "Learned counsel for respondent nos. 1 and 2 has invited this Court's attention to paragraph 2(xv) of the counter affidavit, which depicts that recommendations have been received from a Committee constituted for implementing the judgment rendered by this Court on 27.11.2012, and that  based on the   above   recommendations,   a   draft   tentative  seniority list has been prepared and circulated. It is further submitted that objections to the above tentative seniority list has since been received from the concerned employees, and that the same would  be  taken   into consideration  in preparing the    final    seniority list in consonance with the judgment dated 27.11.2012. To finalise the seniority list, learned counsel for respondent nos. 1 and 2 seeks four weeks' time.
     In view of the explanation tendered by the learned counsel representing respondent nos. 1 and 2, four weeks further time is granted to the respondents to take into consideration the objections filed by the employees concerned, so as to implement the order passed by this Court on 27.11.2012. Needless to mention, that respondent nos. 1 and   2   shall be  personally responsible, for ensuring compliance of the undertaking given to this Court, within the time specified.      

       Contempt petition stands disposed of in the above terms.

     Mr. P.S. Patwalia, learned senior counsel submits that the application for intervention filed by his clients may be dismissed as withdrawn with liberty to the applicants to avail other remedies, in accordance with law. We order accordingly.”

The judgement dated 27.11.2012 dealt with fixation of seniority of Direct Recruit Inspectors vis-à-vis promottee Inspectors i.e. “Recruitment Year i.e. Year of Vacancy is the relevant year for fixing seniority.

While fixing the seniority, the instructions / guidelines of DOPT OMs dated 7.2.1986 and 3.7.1986 are normally followed.  The apex court has dealt with both the OMs while passing the order.  The relevant para No.33 of the aforesaid judgment is as reproduced below:

“      33. Having interpreted the effect of the OMs dated 7.2.1986 and 3.7.1986 (in paragraphs 20 and 21 hereinabove), we are satisfied, that not only the requisition but also the advertisement for direct recruitment was issued by the SSC in the recruitment year in which direct recruit vacancies had arisen. The said factual position, as confirmed by the rival parties, is common in all matters being collectively disposed of. In all these cases the advertised vacancies were filled up in the original/first examination/selection conducted for the same. None of the direct recruit Income Tax Inspectors herein can be stated to be occupying carried forward vacancies, or vacancies which came to be filled up by a “later” examination/selection process. The facts only reveal, that the examination and the selection process of direct recruits could not be completed within the recruitment year itself. For this, the modification/amendment in the manner of determining the inter-se seniority between the direct recruits and promotees, carried out through the OM dated 7.2.1986, and the compilation of the instructions pertaining to seniority in the OM dated 3.7.1986, leave no room for any doubt, that the “rotation of quotas” principle, would be fully applicable to the direct recruits in the present controversy. The direct recruits herein will therefore have to be interspaced with promotees of the same recruitment year.”

From the above, it is crystal clear that both DOPT OMs are non-operational to the above extent and consequent relief to the officers affected be given. Further OM dated 4^th March, 2014 has also lost its sanctity after disposal of Contempt Petition by Hon’ble SC.

The above said judgement has given great relief to the ITO for fixing their seniority on the basis of year of vacancy i.e. Recruitment Year while fixing the seniority. The said judgment is law of the land as on date which has to be implemented in all the Central Government department including our department. The seniority of direct recruit Central Excise Inspector is firstly the subject matter is the OM issued by the DOPT which is a nodal body for all the central Govt. employees and secondly in the Department of Revenue (both CBEC and CBDT),  there can not be two sets of guidelines for similarly placed officers entering in the department by undergoing common recruitment examination conducted by Staff Selection Commission.

Hence, in light of the above, it is requested to revise and recast the Zonal Seniority list of Mumbai Zone for the direct recruit officers recruited through examination conducted by the Staff Selection Commission from the Year 1978 onwards as done in Income Tax and before implementation of CR. So that promotion can be made from the proper seniority lists and leaves no room for litigations and putting spanner in the smooth rolling of CR due to perpetuated injustice to the Mumbai officers on this count at least. As implementation of our CR is expected any moment of time, the date of DPC for promotion from Group-B to Group-A Cadre is likely to be fixed soon. Hence, before the DPC date is fixed, kindly resolve the revision of Seniority List so that the Mumbai Officer will be benefited on this account.

Thanking you,

Yours Sincerely,

(A.K.Sasmal)

REVIEW DPC OF MUMBAI ZONE FROM 01.01.1999

                                                                                               Ref   : CESA/372014

                                                                                                     Date : 30.05.2014

Shri V.S.Krishnan 
Chief Commissioner,
Central Excise,
Mumbai Zone -I.

Subject:- Request for Immediate Holding of Review DPC for the post of Supdt. since 1.1.1999- Reg.

Respected Sir,

Please find enclosed herewith a communication bearing F.No.A.-32022/26/2007-Ad.III-A dated 3^rd April, 2014 addressed to Cadre Controlling Commissioner, Shri Suresh Kishnani of Zone-I Mumbai wherein they have confirmed the number of sanctioned post of Inspector Cadre as well as Superintendent Cadre as on 01.01.1999 of Mumbai Zone. In the above said letter, the Board has mentioned the sanctioned post of Superintendent is 1040 as on 01.01.1999.

Sir, the then Cadre Controlling Commissioner, after holding DPC, the vacancy position as on 1.1.1999 had issued establishment order No. 80/99 dated 30.6.99. It has been confirmed from the DPC records that the than Administration had taken the position of sanctioned post of Superintendent Cadre of Mumbai as 936 which is less by 104 than the post of Superintendent Cadre as confirmed by the Board vide above letter. The above said document is issued from the Board and duly confirmed by the DGHRD/Ad.II Section as well as in person by Hon’ble Member (P&V). Hence, it eliminates the scope of any confusion or  bonafides of the facts mentioned in the said communication.

Sir, the officers of Mumbai already stagnated in the Cadre of Superintendent more than 20 years and are lagging behind in the All India Seniority List and due to the discrepancy of sanctioned post of Superintendent as on 01.01.1999 and due to such type of omission and commission would further aggravate the career progression of Mumbai Officers for no fault of theirs.

CR proposal is already approved. Dossiers are being called for holding DPC for promotion from Group B to Group A post. Before the DPC date is fixed, it is sincerely requested to kindly hold review DPC since 01.01.1999 so that officers promoted in 1999 (around 10), in 2000( around 10), in 2001 (around 84) and 2002 Superintendent promoted in these years will automatically move upward in the AISL. It will be great relief to the Mumbai Officer who will be placed at par with other Zone Officer in AISL. Making any delay further will cause irreparable loss to the Mumbai Officers. Hence, it is requested to hold the Review DPC at the earliest which is free from litigation as well as any ambiguity. Thereafter, the Zonal seniority list be revised and forwarded to DGHRD for making appropriate placement of Mumbai Officers in AISL. The team of CESA Mumbai will provide all logistic support, if Administration desire to resolve the above issue.

Thanking you,

Yours Sincerely,

(A.K.Sasmal)