Friday, October 23, 2015

DELHI TO DAULATABAD...


     Last October, the Board has brought joy & cheer to the stagnated cadre of Superintendents, by giving promotions as temporary Asstt. Commissioners, which has created a lot of heart burn amongst the Direct Recruit Grp-A officers because the then Chairperson not only gave them promotions but also gave them postings.

     The news of reversions has dampened the spirit of the season and giving many sleepless nights. Many of them have cancelled their holiday trips and are now running around laywers and CAT courts for relief on the apprehension that they may be reverted. 

    No sooner had they steadied themselves against this reversion trauma, another shock has come in the form of the UPSC questioning the very legitimacy of the 2118 nos. of temporary posts against which they were promoted and other lacunae. It is learnt that the Board is in a hurry to notify the revised RRs, although the UPSC has given 10 weeks time to do the same, because few of their brother officers of the same batch, due to non-availabilty of RRs, are  not being elevated as Principal Chief Commissioner / Chief Commissioner, although the posts are lying vacant.  For the sake of 30 to 40 senior officers, Board may not hesitate to make a scape-goat of 2118 temporary posts of Asstt. Commissioners from the Grp-B feeder cadre. 

    The Board has always overlooked the plight of Group-B cadre, whether it their promotions or the grant of MACP benefits or regional parity in promotions. However, it has always been gracious to the direct recruit Grp-A officers, whether it is NSFG, or RRs or benefit of 1% increment in revenue. Here also, in a hurry to publish the same in the Gazette. 

    Can they introspect what prompted to DG-HRD on 23/09/2015 to write to all the Cadre Controlling authority for data for conducting the Review DPC and facing the Parliamentary Committee when the promotions granted under DPC in Oct-2014 to the 2118 posts were not being accepted by the UPSC on the same date?

 Can the Board fix responsibilty on their own brother officers for the lapses that may have occurred in the last Cadre Re-structuring, for which the UPSC is raising objections to the Cabinet's decision ? 

    Can the Board notify that all the duties already discharged by these officers is to be considered null & void, especially in respect of Adjudication cases, filing of various affidavits in CESTAT /CAT/ Commr(Appeals), High Court, Supreme Court, etc. ??  

CESA, Mumbai has represented to the Board against the same.

UPSC letter is annexed below.







Monday, October 19, 2015

LESS INSPIRING ... MORE DESPAIRING

Ref: CESA/62/2015
Date: 19-Oct-2015.
Shri. Najib Shah,
Hon’ble Chairman,
CBEC, North Block,
New Delhi.
Respected Sir,

Sub :-  Request for providing additional funds for infrastructure & office equipment.

CBEC has declared the year 2015 as the “Year of the Tax-Payer Services”. Cadre-restructuring has taken place in Oct-2014 and several new Commissionerates came into existence. Recently, after completion of the exercise of holding the Chief Commissioner’s Conference, it was hoped that there would be substantial change in the ground reality with respect to the basic office infrastructure, communication facilities, etc., but alas…

Mumbai, being the commercial capital of the country, contributes approx. 33% of the All India ST collections in the country. However, funds allotted for office space, office equipment, basic infrastructure, etc., are not adequate and more allocations needs to be done.  The staff posted in the field formations are badly equipped and severely neglected in all respects.

Recently Mumbai ST-Chief Commissioner’s Office, ST-I & ST-II were shifted from the Central Excise building at Churchgate to the Air India building at Nariman Point.  So far, no Trade Notice has been issued intimating the change to the Trade and the general public about the shift of office. The administration may have saved a lot of money by compelling the officers to shift on their own by making use of their own resources. Somehow, the shifting has taken place, but the staff located there are resentful of the unfair treatment on account of space and other basic facilities.


Further, the situation prevailing at the ground level in the Service Tax Commissionerates is so de-moralising & stressful, which we want to bring to your kind notice : how the staff are being put through embarrassing situations in front of the ST assessees and are also under tremendous pressure from their Senior Officers to complete the time-bound work including pending work of the VCES/TDS defaulters, without even a desktop computer & internet connection, not to mention the acute shortage of Inspectors and other supporting staff.

The situation in the Audit Commissionerates of Central Excise and Service Tax is equally alarming. We feel ashamed to report that the lower Officers do not even have chairs to sit and discharge their day-to-day duties and functions. The Officers posted in Service Tax Commissionerate as well as in Audit Commissionerates (both ST & CX) do not have computers and printers and have to wait in queue for using the same. The Senior Officers who are made aware of the situation are unable to do anything as they do not have the necessary funds for the purchase of office equipment, computers and printers for their staff.

It is also seen that in many Commissionerates, where there is a shortage of funds, many Commissioners have spent extravagantly on purchase of “Apple” brand of computers for themselves just to decorate their table and give an impression of plenty !! CESA, Mumbai salutes many Chief Commissioners, like Shri N. Suresh, Arun Tandon, V. S. Krishnan, Mrs. Arusha Vasudev and Commissioners like Sushil Solanki, M. R. R. Reddy, etc. who have not spent a single penny on re-furnishing their cabins or purchasing fancy gadgets and had more concern for their staff’s requirements.

Even after completion of one year from cadre restructuring-2014, we are still searching for space, still unable to set up a proper office, still unable to give proper facilities & amenities to the staff and now more importantly providing residential quarters to the newly appointed staff, who have been posted from outside Mumbai !!   Therefore, it is humbly requested that the pending proposals forwarded by the then CC Shri V. S. Krishnan, i.e. one more floor in Air India building, one floor in World Trade Centre, three more floors in Lotus Building and construction of residential quarters at Bhandup and Antop Hill may be expedited.

CESA Mumbai, also requests your goodself to provide additional funds to the Mumbai Zones for procuring the necessary office equipment (like tables & chairs, copier machines, telephone & high-speed internet), computers and printers and ensure that all Officers (especially Superintendents & Inspectors) are provided with Computers, printers & ACES terminals having high-speed connectivity to the main ACES server.

Thanking you,
Yours sincerely,

A.K.SASMAL
General Secretary
 
CC : 1)  Shri V. S. Krishnan, Hon’ble Member (ST) & Zonal Member,
              CBEC, New Delhi. For kind information & necessary action.

         2)  Shri. S. C. Varshney, Hon’ble Chief Commissioner,C. Excise,      
               Zone-I & II - For kind information & necessary action.

        3)   Shri. P. K. Patnaik, Hon’ble Chief Commissioner, Mumbai  
              Service Tax Zone - For kind information & necessary action.

Thursday, October 8, 2015

DIFFERENCE BETWEEN WE AND THEM...



   Employees of the Income Tax Department have gone on a Nation-wide strike on Thursday to protest against the delay in promotion and other demands. Both the employees union, i.e. ITEF and the ITGOA had given the nation-wide strike call, which represents 97% of the total staff strength of the CBDT. The issues are non-filling of 700 posts of Asst. Commissioner since last cadre re-structuring, adequate infra-structure, filling up of all vacant posts, regularization of casual workers and notification of RRs for Grp-B & Grp-C employees, etc.


   The CBEC has followed the footsteps of CBDT in all respects. We have union/association cadre-wise and our staff strength & revenue collection is much higher than CBDT. The situation as demanded by CBDT employees’ federation is very much comparable to the situation in CBEC. 

For ex. :–Ø As on date after cadre-restructuring 1442 posts of Asst. Commissioners are lying vacant, which is almost double the vacancy in CBDT !!
Ø Infrastructure-wise, several Chief Commissioners & Commissioners are roaming as a wanderer, like Emperor Humayun. If this is the condition with Commissioner level officers, then the condition for the lower staff can be imagined with respect to their basic requirements & amenities.
Ø The casual workers of the CBEC from 1994 is just started to be regularized.
Ø
The RRs for Grp-B & C officers have not yet been notified.

   In view of the above, we are lagging behind CBDT Union/associations. We are under the impression whatever we are getting is granted as charity by the CBEC administration !! It has become a habit to tolerate all the injustices meted out to us/cadre and to continue to give maximum output even in adverse working conditions.


    In Income Tax, the assessee base is lesser than Central Excise / Service Tax and after introduction of the GST, the tax base in Central Excise and Service Tax is going to jump in multiples of the current tax base.  If we do not react and act, our condition will worsen further.

 

For our betterment no other organisation or no one else will come forward to fight our battles. It is we, exclusively we, who should stand firmly, boldly and send out a message that enough is enough and we will not further be taken for granted.

**************

Tuesday, October 6, 2015

BELL THE CAT....



Meeting with the Hon'ble Minister of State (Revenue) Shri. Jayant Sinha was held on 06-Oct-2015 at New Delhi. 

Smt. Varsha Kolhatkar, Gen. Secy. of IRS (IDT) Officers' Association, Mumbai-Pune-Kolkata, alongwith office bearers of Ahmedabad unit met the Hon'ble Minister of State. 

Ms. Vanaja Sarna, Member(P&V), CBEC was also present. 

In the lengthy discussions, various issues were represented. Details of the meeting will be posted shortly. 

**********

Monday, October 5, 2015

DILEMMA IN HOLDING DPC...


Dilemma in holding DPC...



CBEC has issued letter for holding DPC for filling up the vacant posts in the grade of Asstt. Commissioner - a sliver of hope for a stagnated cadre.


The copy of DGHRD's letter dated 01-Oct-2015 is attached herewith :-





Sunday, October 4, 2015

KNOW THE TRUTH....PART-II



FORTUNE FAVOURS ALWAYS THE BRAVE.
WHENEVER DIFFICULTIES COMES, ASSERT THE REALITY AND EVERYTHING  ADVERSE AUTOMATICALLY PERISH.
BE AWAY FROM RUMOURS. BE BRAVE, BOLD. DO NOT LEAD A SICK LIFE AND ALWAYS REMAIN POSITIVE AND ACTIVE.
CBEC FOLLOWED THE CBDT RESTRUCTURING PROPOSAL IDENTICALLY. THERE CANNOT BE DOUBLE SET OF STAND IN CBEC AND CBDT IN THE SAME MINISTRY. 
ALWAYS THE CBEC FOLLOWS THE PRACTICE OF THE CBDT IN THE ORGANISATION.
AS ON DATE THERE ARE 1442 POST (regular + ad hoc) OF ASSISTANT COMMISSIONERS ARE LYING VACANT. AROUND 400 PROMOTEE OFFICERS ARE ALREADY RETIRED. 
AS MENTIONED EARLIER ABOUT THE MEETING OF SECRETARIES IN OUR BLOG, CESA SHARING THE MINUTES IS AS UNDER:

F. No C-SO/60/201S-Ad-II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs

MINUTES OF THE INTER-MINISTERIAL MEETING HELD ON 20th AUGUST, 2015 AT 6 PM IN THE CHAMBER OF REVENUE SECRETARY REGARDING BENEFIT OF RESERVATION IN PROMOTION TO THE POST OF ASSISTANT COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE ON AD-HOC BASIS FOR THE VACANCY YEAR 2013-14.
------------------------------- 

Meetings of the Hon'ble Parliamentary Committee on Welfare of SCs/STs were held with the Officers of Department of Revenue / CBEC on 16.07.2015 and 12.08.2015 regarding reservation in promotion of SCs and STs in the Central Board of Excise and Customs (CBEC). While informing the position regarding the status of appointment in various grades under CBEC in general, the Hon'ble Parliamentary Committee was informed about the factual position and background relating to the promotions to the grade of Assistant Commissioner of Customs and Central Excise on ad-hoc basis vide orders dated 22.10.2014 and 30.06.2015 for the vacancy year 2013-14, based on the recommendations of the DPC held in CBEC on 17 to 20th October 2014  and the review DPC held on 3rd to 8th June, 2015.

2.            The interim order dated 03.09.2014 of the Hon’ble CAT Chandigarh in O.A.No.060/00770/2014 filed by Shri Rajesh Rai, Superintendent of Central Excise, Chandigarh Zone had  restrained  the respondents (Department of Revenue / CBEC / UPSC / DoPT) from extending the benefit of reservation in further promotions until the exercise mandated by the Hon'ble Supreme Court in the case of M. Nagaraj is undertaken by them.

3.            The Hon’ble Chairman and the Members of the Parliamentary Committee on Welfare of SCs/STs had expressed their concern on the stand taken by the Department of Revenue in pursuance of the Hon’ble CAT, Chandigarh’s interim Order dated 03.09.2014 and desired that the issue be resolved at an early date Revenue .secretary while appearing before the Hon’ble Parliamentary Committee on 12.08.2015 informed that he proposed to hold a joint meeting with Secretary, DoPT and Secretary, Department of Legal Affairs to resolve the issue.

4.            A meeting was accordingly held on 20th  August, 2015 in the chamber of Revenue Secretary on the subject matter. Shri P.K. Malhotra, Secretary, Department of Legal Affairs and Ms Archana Varma, Joint Secretary representing DoPT attended the meeting. Shri Najib Shah, Chairman, CBEC, Ms Vanaja Sarna, Member (P&V), CBEC, Shri Sudhir Kumar, Joint Secretary (Ad-EC), CBEC and Shri Balesh Kumar, ADG (HRM), CBEC were also present.

5.            After detailed discussions, on the issue of applicability of the Interim Order dated 03.09.2014 of the Hon’ble CAT, Chandigarh Bench on jurisdictional basis or All India basis, Secretary, Department of Legal Affairs opined that the said interim order dated 03.09.2014 is applicable on all India basis as the promotion to the grade of Assistant Commissioner of Customs and Central Excise is made based on an All India Seniority List of the feeder grades and the order is based on the judgement of the Hon'ble Apex Court in M. Nagaraj case. He also stated that the interim order dated 03.09.2014 needs to be followed by the Respondents to avoid contempt of court proceedings, the restraint is lifted by the Hon’ble Tribunal or stayed by a higher Court. Till such time, compliance with the said order dated 03.09.2014 will, however, be subject to the final outcome of the case. The above position was agreed to by all participants in the meeting.

6.            It was informed by the representative of DoPT that the issues emanating from the Hon’ble Supreme Court judgment dated 19.10.2006 in M Nagaraj case is under submission to the competent authority for a decision on the implementation of the judgement of Hon'ble Supreme Court.

7.            Keeping in view the urgency expressed by the Hon'ble Chairman and Members of the Parliamentary Committee for resolving the issue and considering the next date of hearing in the case filed by Shn Rajesn Rat before Hon’ble CAT Chandigarh which is coming up on 31.08.2015, the request of the Department of  Revenue to engage the services of Ld. ASG at Chandigarh for appearance.in the case was acceded to by the Secretary, Dept of Legal Affairs who also got confirmation from the  Ld ASG during the meeting. A team of Officers from CBEC / DG HRD CBEC will brief the Ld. ASG in the coming week, after seeking his convenience.

8.            In conclusion, it was agreed that the directions of the Hon’ble CAT, Chandigarh in their interim order dated 03.09.2014 in OA ,No.060/00770/2014 filed by Shri Rajesh Rai &. Another have to be complied with and to convey the view emerging from the deliberations in the meeting to the Hon'ble Parliamentary Committee on Welfare of SCs/STs.

Friday, October 2, 2015

KNOW THE TRUTH....


Remembering Gandhiji....

Statue of Mahatma Gandhi at Sabarmati Ashram

Last year, around Diwali time, several Superintendents got their long awaited promotions as Asstt. Commissioner...

This year, as Diwali is nearing, several Asstt. Commissioners are in panic mode....

CESA, Mumbai can only assure them and ask them to remain positive...




Copy of Note-Sheets of DPC received through RTI :-