ALL THAT GLITTERS IS NOT GOLD

AT THE FAG END OF THE YEAR, ON THE PRETEXT OF WHISTLE BLOWER, AN ATTEMPT HAS BEEN MADE TO TARNISH THE IMAGE OF THE DEPARTMENT. DEPARTMENT SHOULD NOT BE IN SILENCE MODE BUT NEEDS TO BE AGGRESSIVE AGAINST PERSONS WHO MAKE UNFOUNDED ALLEGATIONS AND SHOULD NOT SUCCUMB TO THE PRESSURE  TACTICS OF VESTED INTERESTS. DYNAMIC AND HONEST OFFICERS MUST BE PROTECTED AND GUILTY SHOULD BE DEALT WITH SEVERELY. RULES SHOULD BE MADE APPLICABLE EQUALLY AND UNIFORMLY TO ALL CADRES WITHOUT ANY DISCRIMINATION, FEAR OR FAVOUR. IN THIS REGARD, COPY OF A COMMUNICATION ADDRESSED TO CHAIRMAN IS ATTACHED.

                                                                                                                                                        Ref: CESA/72/2015

                                                                                Date: 29-Dec-2015.

To,

The Chairman,

CBEC, Dept. of Revenue,

Ministry of Finance,

New Delhi

Respected Sir,

Sub:   Request to intervene and to act against those who are tarnishing the image of Department – Reg.

Recently, the Mumbai editions of almost all major newspapers carried a news item relating to the smuggling of gold through Mumbai airport. It is also reported that, the advocate of the accused has written to the Vigilance Dept. of the Mumbai Customs about the malpractices in the Department.

In the news item appearing in the Times of India, Mumbai edition dated 22.12.2015 it is reported that:-

“Meanwhile advocate P. Kalambukadan has filed an intervention application, along with a complaint. He stated that he had complained to the Customs Vigilance about the malpractices in the department at the airport and urged the court to hear his plea along with the case. The court accepted the petition and will hear it with the bail plea (on 04.01.2016)”

In another article, which appeared in the online version of India Today dated 24.12.2015, it was alleged by a complainant advocate that:-

“It appears that a scam is running in Crores of rupees where revenue collectors are working as revenue robbers. Such large scale of revenue is to be proved by an independent agency”.

Such type of allegations and the words used in print media were never so harsh.  Allegations, such as above, certainly dent the image of the Department. In the back drop,  CESA, Mumbai is also referring to a letter dated 10.12.2015, addressed to the Chairman, CBEC, apparently written by one Raghubir Singh, which is in circulation on the social media since the last two weeks.  The alleged misconduct of the senior officials posted at the Mumbai International Airport, if true, is very shocking, disturbing and disgusting.

It appears that the Commissioner and the Addl. Commissioner, currently posted at Mumbai airport, are posted consecutive sensitive/executive posting, which is contrary to the norms of the Department. This needs to be looked into.  Truth should prevail and if any such malpractice, as alleged in the various news items, is noticed, corrective action, not only to improve the system and discipline the officer, but also to ensure safety and national security, as assigned to us, is required to be initiated. Those who are at the helm of administration, and are empowered to judge the right or wrong action of officers, should have a broader and judicious view, rather than safeguarding their own cadre officers, jeopardizing the image of the department. The Administration should come forward and protect the dynamic and honest officers as well as act strictly against those who are indulging / tarnishing the image of the department with vested interests.

In the above context, it may be stated that CBI Mumbai trapped two Superintendents of Service Tax on 02.12.2015 and they were arrested and released on bail later on 07.12.2015. These officers were subsequently placed under suspension and posted outside Mumbai, as their Headquarters. This action is not in conformity with the CCS Rules.  More surprising is the fact that the direct supervisory DCs of these two officers were not even shifted from the same office premises.

In contrast, during the same period, one Joint Commissioner of Income Tax was trapped by CBI in Mumbai, arrested and released on bail later on 21.12.2015. Unlike our officers, the said Joint Commissioner is posted in Mumbai during his suspension period. There should not be two different set of rules for Group A and Group B officers, both of whom are governed by same Conduct Rules, under identical circumstances in the same ministry.

Sir, your intervention is solicited in the matter, so as to maintain the image of our Department and curtail the nexus, if any.

                        Thanking you,

Yours sincerely,

                                                          A.K.SASMAL

                                                                        General Secretary