From CESA’s Desk

          CAT’s Relief

With a view to fill up the vacant posts in the grade of Superintendent on account of promotions of approx. 500 Superintendents of the Mumbai Cadre Control to the grade of Assistant Commissioner (JTS) by two promotion orders issued in 2014 and 2017 and taking into consideration the stay granted by the Hon’ble Tribunal, Bombay Bench vide order dated 26.09.2014 in OA No. 588/2014 filed by Shri Surendra Waghmare & Ors, the Mumbai Cadre control conducted DPC on 10.03.2017 and promoted 138 officers vide EO No. 23 & 24/2014 dated 10.03.2017.

Further, the Administration had also filed a Misc. Petition in OA No. 588/2014 on 31.03.2017 seeking amendment to the Interim Order dated 26.09.2014 of the Hon’ble Tribunal, Bombay Bench with a view to consider grant of promotions to the officers appearing at Sr. No. 1543 to 1603 i.e. Direct Recruit Inspectors of 2005, 2006 & 2007 and promotee officers who have come on ICT basis from other Commissionerates.

2.             Initially on the hearing of the case held on 31.03.2017, after hearing all the parties involved in the case, the Hon’ble Bench directed the department to consider the submissions of the Applicants and the Private Respondents w.r.t. grant of notional promotions to the DEO’s and consider application of Next Below Rule as envisaged by DOPT and held by the Hon’ble Principal Bench in the case of Pankaj Narain V/s. UOI & Ors., so that they can also be considered for promotion to the grade of Superintendent on ad-hoc basis by granting them relaxation of 2 years of qualifying service. However, the administration stood ground and held that notional promotions are against the DOPT provisions and NBR cannot be considered as the same have to be incorporated in the Recruitment Rules and the same can only be considered by the Ministry/Board and therefore the said contentions were rejected in the reply filed by the Respondents.

3.             Finally, after hearing all the parties involved and even after opposition from the Private Respondents, the Hon’ble Tribunal allowed the Misc. Petition filed by the Respondents to consider promotion of officers appearing at Sr. No. 1543 to 1603 for promotion to the grade of Superintendent on Ad-hoc basis subject to final decision on the OA No. 588/2014 filed by Shri. Surendra Waghmare & Ors.

                      This has come as a great relief to the Direct Recruit Inspectors who can now be promoted to the grade of Superintendent subject to the conduct of DPC within a short span of time. The office of Cadre Controlling Authority tried their best and succeeded to clear the stalemate kudos to them. DPC is likely to be next week of this month.

                      The Bombay CAT has also fixed the final hearing the matter starting from 28.06.2017 and hope that the issue is resolved once and for all. Being aggrieved the ministrial staff are planning to knock the door of Mumbai High Court to stretch the litigation further.

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 Revenue positions of Govt. of India exceeds 2016-17 tax target which is highest in the last 6 years. As regards Central Excise, net tax collections at Rs. 3.83 lakh crore during FY 2016-17.

 Rs. 2.86 lakh crore during financial year 2015-16, growth of 33.9%.

Similarly, service tax collection during FY 2016-17 rose by 20.2% to Rs. 2.54 lakh crore as compared to Rs. 2.11 lakh crore during FY 2015-16.

Revenue Position of Mumbai which is the commercial capital of india is as under:

Central Excise Mumbai Zone- I & II:

Fy 2015-16: Rs. 49,896 Crores

FY 2016-17: Rs. 63,182 Crores    

                                

Service Tax Mumbai:

FY 2015-16: Rs. 68,714 Crores

FY 2016-17: Rs. 83,050 Crores

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                    The latest representation of CESA Mumbai is as under:

Ref : CESA/18/2017

Date : 06.04.17

The Chief Commissioner,

Central Excise, Zone-I,

Cadre Controlling Authority,

Mumbai.

Respected Sir,

            Sub: - Filling of Air Pool quota of Central Excise Superintendent/Inspectors

at Chatrapati International Air Port Mumbai – reg.

            The recent order of promotion from Group B Superintendent to Group ‘A’ Assistant Commissioner issued in the month of February 2017 in which around 138 Superintendents were promoted in the Mumbai Zone. Consequently One officer who was posted at Mumbai Air Port against the air pool quota got promoted. Similarly in the cadre of Inspectors also who were on deputation at Airport, are promoted as Superintendent vide E.O. No. 23 dated 10/3/17.   As a consequent to these promotion, posts are lying vacant at Airport Mumbai, belonging to Central Excise Quota of this zone.(One Superintendent post + Six Inspectors post)

            It is therefore, requested that these vacant posts be filled in at the earliest so that there should be proper representation from Central Excise side, and officers get an opportunity to get exposed to different kind of working atmosphere. This will give administration some opportunity to help to remove stagnation also as period of deputation will be of more than a year and that can be filled in by promotion. This kind act of staff welfare will motivate many officers as well as to bring parity in promotion.

 Further, a request may kindly be made to the Chief Commissioner, Customs, Mumbai to fill the quota lying vacant which belongs to Central Excise pool at Mumbai Airport from other Zones for a considerable period due to non posting of the officers, the said vacant post may be filled from Mumbai cadre controlling zone

Thanking You,

Yours sincerely,

A.K. SASMAL

General Secretary

                                                                 ------

Ref : CESA/18/2017

Date : 05.04.2017

The Chairperson,

Central Board of Excise & Customs

North Block,

New Delhi.

Respected Madam,

Sub: - Deputation to various formations exceeding prescribed

           tenure at the cost Commissionerate work. – reg.

            Madam, off late it is observed that many of the Group ‘B’ officers after getting the deputation to sensitive organizations like CBI, DRI, Dir, ED, Vigilance, DGCEI, and many other such formation continues there for considerable long time. Some of them even jump from one deputation posts to other and continuously remain out of the department  in which they are initially recruited to work.

            How, Administration takes such gross violation of direction of CVC in the matter of postings to sensitive organizations, that also continuously for decades we leave it to the administration but this affects adversely to other officers who are sincerely working in the department and the load of extra work due to vacant posts are also on them. Apart from this the overdue extension of deputations defeats the very purpose to motivate the Cadre and depriving the other officers to get a chance of exposure of working in that premier organizations. Blocking the post ,years together using all clouts for their own interest rather than the interest of the organization.

            Madam, As we all know that there is heavy work load of Service tax, and in GST which is likely to be rolled out from 1^st June/July, 2017, may further increase the work. In the light of that it is suggested:

  

1.    Deputation period be fixed and it should not be extended further and on completion of deputation the officers be repatriated back invariably.

2.    Those who had already been on deputation since long or has completed their tenure as on date be brought back to the respective formation considering the roll out of GST so that they get acquainted with the work.

3.    Back door entry in lieu of Loan posting in the same organisations be strictly curtailed, which develops vested interest only

4.    Maximum period of deputation in career be fixed in entire service irrespective of cadre and it should not be in continuance.

5.    As GST will be rolled out and it will be affecting the Central Excise and Service Tax formation, the present posting of staff in Marine Preventive formation in Mumbai be also be reviewed.

Thanking You,

Yours sincerely,

A.K. SASMAL

General Secretary

Copy to: Hon. Member (P&V) for kind information and necessary action.

Hon. Chief Commissioner, Central Excise, Mumbai Zone I for kind      information and necessary action.