Circular
01/2017
Dear Members,
After a long gap CESA, Mumbai is bringing certain facts through circulars as
all are not computer savvy and are not periodically browsing the blogs of this
Association, through which we are updating all the issues pertaining to the
interests of our cadre, and our representations to the various authorities.
GST is in the pipeline and is likely to be rolled out in July 2017, if GSTN
supports. Otherwise it may be delayed by a couple of months more.
CESA Mumbai took a lead and
formed a Joint Action Committee of all Cadres on GST, to counter the state
forum of GST. The first two meetings were held in Mumbai and a platform
was set to raise our issues before the authorities and it was also emphasized that
our cadre should not be deprived of its interests and benefits. There had
been some success in our efforts.
DPCs were held, promotions
were effected but the posting orders are yet to be issued by the Board.
AIACEGEO is trying its best and is perusing the same. The efforts of
other associations, i.e. Customs Appraisers, from which some of the officers
were promoted are not known as to how they are perusing their cadre interests
as well as non placement of the officers. (In Customs temporary posting have
been given to the officers and in some cases in Service Tax also).
.
In our Mumbai Zone, from GST front, the number of commissionerates are planned
and accordingly draft Trade Notices have already been sent to the Board for
issuance. CESA Mumbai requested the Administration to invite the
recognized staff Associations while finalizing the office premises of the new
GST commissionerates and deployment of the staff. The Administration has
agreed for this.
A fake body in the name of CESA Mumbai, has been
floated with an intent to create a split in the Cadre. In order to
understand the said move, it is necessary for each member of this Association
as well as the Superintendents of other units the reasons for the turmoil in
the All India Federation as well as various local units.
The Kolkatta unit passed a resolution in their zonal unit to allow the promotee
Group A officers to continue in the Superintendents Association. This
proposal was submitted in the Jaipur federation meeting held in 2011-12 for
making constitutional amendment in the federation.
A committee was formed
constituting of office bearers of Chennai and Kolkatta. They had
submitted the report recommending the amendment in the Patna AEC, but it was
decided to take approval in the next General Body Meeting. Accordingly in
the Daman convention the proposal was submitted and was adopted in Nov., 2014.
On the eve of the Daman
Convention a mass promotion order was issued just before the Daman convention
wherein a majority of the office bearers of the various zonal units were
promoted. After the Election of the Convention, the proposal of amendment was
adopted in AIACEGEO. Incidentally the Chennai Unit office bearers, who had been
a member in the committee recommending the amendment and who was authorized to
draft the minutes of Daman convention did not raise any objection and silently
became a party to the said inclusion. The minutes of Daman convention was
issued by AIACEGEO on 24.02.2015 and it was finalized on 04.03.2015. In the
passage of time no one raised any objection about the impact of the said
amendment. Further the units which are vocal now on this issue has not
passed any resolution in their local units for any amendment in this regard,
specially the Kolkatta unit which has till now not adopted any change to their
original resolution or amendment even in their body. Similar is the case
with Chennai unit and other
units also.
It is pertinent to note
that CESA Mumbai had not subscribed to the said inclusion of the ACs and had
opposed tooth and nail in the Jaipur Convention, Patna AEC and Daman
Convention. We are maintaining the same stand as on date and the said
issue was again resolved in the last Management Committee meeting held on
10.05.2017.
In the last pre-convention AEC
meeting at New Delhi, held on 4th Feb. 2017, the said issue had not
cropped up. In the said meeting, it was pressed for an early convention
and with some resentment it was agreed upon to hold the convention in May 2017,
where the delegation of CESA Mumbai was also present. On 17th March 2017, Secretary General declared
the venue of the 12th convention at Gandhidham on 27th and 28th May 2017 (copy annexed).
As soon as the convention date
was declared all hue and cry started about the place of convention and
authority to take decisions to hold the convention at Gandhidham were raised.
Disagreement of many issues between the President and the Secretary General
came up in the open through various Whatsapp and Facebook messages. On 11th April 2017, the President of
AIACEGEO declared a parallel convention on the same dates at Chennai. Thus creating a division in the
Federation and in all the confederating units, exploiting the week links
between them to score the numbers in their favour started.
The eye of the storm or the bone of
contention between the warring groups is ‘whether the promotee Assistant
Commissioners, who were allowed basic membership, can contest the election for
the post of Chief Office bearers of AIACEGEO. The
confusion prevails and a line has been drawn on hypothetical apprehension. The
issue cannot take a single minute to resolve but no one has time to sit
together for a minute to settle the said issue.
This virus has reached Mumbai and as a result of which a new group has also
been created in Mumbai. Everything was smooth upto April, 2017 after
International Labour Day is over, commotion stated. All of a sudden 4-5
officers in Mumbai have become overactive and gathered at Air India Building,
Mumbai on the 2nd of
May 2017. They created an ad-hoc body and self designated themselves to
various posts according to their choice and declared that they are the office
bearers of CESA, Mumbai. In the evening these 4-5 officers met the
Administration and claimed their stake as the authorized representatives. When the Administration asked as to
who had authorized them to form the ad-hoc body and where their recognization
is, they took the name of Shri Chandramouli, President of the AIACEGEO to
mislead the Administration and came with a sorrow face. When others started
questioning about their legality, their evil mind became more active and they
forged the logo of this Association and letter heads, appointed Election
officers, Chief Election officer, Observer and AGM etc.
They appointed the present
President Shri S. M. Bagal as Chief election officer and Shri M.P.Sengar as
observer. Both the officers have refused to accept the appointments, when they
came to know the malafide intention and fabricated stand by the so called self
designated office bearers. Both their communication are annexed. Since no
superintendent agreed to toe their footsteps, they approached
Shri Santosh Kumar Shetty, Asstt.
Commissioner presently posted at Church Gate building to discharge this
duty. Thereafter under their signature they issued the election bulletin
etc. They copied the entire pattern of holding Election, like issuance of
election notice, Bulletins etc. in the same style and format of this
Association just to mislead the common members. There is an old saying ‘a Man is
known by the company he keeps’.
What was the hurry and necessity to float a fake body?? Is it for the
Cadre welfare or for the sake of Self Promotion??
The present CESA, Mumbai is for the
Superintendent, of the Superintendent and by the Superintendents. When a
group of dissidents are unable to digest the good work of this Association,
they are trying to gain entry through a back door.
To be precise-: an ad-hoc
body can be created only
when there is no Elected Body or the elected body is completely defunct.
The set of officers have claimed themselves to be the members of the Mumbai
Association, propagating that there is no body at all in Mumbai.
If there is no governing body then how come they joined/participated in CESA’s Felicitation function held
on 25th March and 15th April 2017. Why did they not
refuse to be in the delegation of CESA, Mumbai when we met the ADG, HRM and other officials at
Piramal Chambers alongwith other local officials on 20th “April 2017. Therefore the claim
that there is no body will not hold any ground and the creation of Ad-hoc body
do not have any sanctity as the present body of CESA, Mumbai is fully
functional and no issue of the Cadre is being neglected and the existing body
is active and vibrant in all the issues as per the recognition of the
AIACEGEO.
Who can issue the notice
of Elections ??
The present body i.e. CESA. Mumbai, the elected General Secretary can issue
Notice of Election, AGM, Convention etc. or where there is no elected body or
if the elected body is debarred by the federation, then the federation can hold
election. In the present case, the approach of the new self claimed
ad-hoc body, is contradictory in both the counts. Then what prompted them to
indulge in such type of activity in haste. It
is the naked greediness to become the office bearers by adopting back door
entry, by self designating themselves as office bearers, forging letter head of
the current body and issuing notice of Election and AGM etc. The tussle in the
AIACEGEO and the non-stage players who are more active and acting like sleeper
cells to hijack the present body by hook or crook. On their behest the entire
drama is being enacted in Mumbai and in other places also. The interest of the
Cadre is their least concern and their main intention is to grab the top post
at All India as well as at local level. To serve the cadre is not their
interest. To run their business is their agenda. We hope our members are more
mature and will not fall into their trap.
CESA Mumbai, all activities are so transparent after any representation the
same are updated in the blogs immediately. The concern of the members,
whether it is official, personal or their dependent, when it is brought to our
notice, adequate service were rendered as desired by them. There are no
issues left unattended or not taken care of. The diginity and interest of
the Cadre was never compromised.
I express my sincere gratitude to
all the members those who have reposed absolute faith and trust, which enable
us to establish CESA Mumbai as one of the best Association in our
AIACEGEO. The very existence of the body is well felt locally as well as
out of Mumbai, with great reverence. The omissions and commissions,
errors and mistakes may have been committed. It is left to the successor
to judge in the days to come. Those who work never look back, mistakes
may be left to the critics as they are idle to pin point which will encourage
me that my work is not neglected and vigilantly watched by my esteemed members.
Dear members, CESA Mumbai had worked relentlessly with the help of committee
members and close friends who stood like a rock behind us in all our
endeavour. I have no words for them,
because I have not given anything to them nor they expect anything from me.
CESA Mumbai held its managing
committee Meeting on 10.05.2017 and various issues were appraised and the
following were resolved:
-- to condemn the act of
splinter group, misusing of CESA letter head, position and misleading the
members and Administration for their vested interests
--CESA Mumbai and their
members will extend its all co-operation for smooth roll out of GST
--CESA Mumbai will strive
for proper infrastructure, deployment of staff in new formations and
safeguarding the interest of Superintendent Cadre and other fellow officers.
-- the Administration for
speedy disposal of vigilance cases before rolling out of GST.
--Will hold its AGM on 9th June and Election on 23rd of June 2017 (Friday)
-- The present GS will
continue to discharge the functions of Chief Executive till he is functionally
posted as AC. In case of postings, authorised Office bearers will manage the
affairs of the CESA jointly.
The house co-opted the following
members in the managing Committee of CESA –
Shri Pramod Mendon, Shri Dinesh
Waghmare,
Ms Aiesha Nikhat Shareef, Ms
Bharti Bhaktiyani.
The House resolved and
appointed that Shri A. V. Subhedar, Shri Sanjeev Sahay, Shri Gopinath Nair and
Ms Bharti Bhaktiani, to represent jointly the CESA Mumbai as Authorised Office
Bearers, wherever required so that Cadre interest be properly taken care of.
The Committee members who got promoted will be there and give time for
Association work till the transition period is over and new body takes over.
In light of above CESA
Mumbai once again reiterates that apart from the above no one is authorized to
represent CESA Mumbai at any level or use its letter head. In case if any other
posed as Office bearer or make any representation no cognizance be taken on
such representation and directions be issued at field level in this regard. The
delegation of CESA, Mumbai will participate the convention at Gandhi Dham, Shri
A. V. Subedar is authorized to caste vote on behalf of CESA, Mumbai.
At this juncture, this is to
pertinent to mention that it has been decided by the Governing Council Members
of the CESA, Mumbai, that the officers of this zone who have already been
promoted as Assistant Commissioners, will not, at any cost contest the
elections that is likely to be held in the month of June 2017, nor will they
continue to hold any post in the CESA, Mumbai. But at the same time they
will continue to do their best for the welfare of the Superintendents and will
share their experience and provide their inputs to the newly elected
incumbents, if sought for, for the smooth functioning of the Association.
CESA, Mumbai on 04.05.2017, made
communication rejecting the floating new ad-hoc body in the name of our
Association. Our President Shri S. M. Bagal on 08.05.2017 informed to the
Administration about mis-use of his name, and appointing as Chief Election
Officer (Both the copies are annexed). Both the above communications informed
to President and Secretary General of AIACEGEO. President expressed that he has
no role and do not encourage such type of acts and secretary General informed
that the said ad-hoc body is illegal and not authorized to hold, conduct such
activity and recognized the present body in force, is authorized one.
Dear members, CESA Mumbai is
trying its best to foster unity in the AIACEGEO and appeal them to come to
Gandhidham to resolve all the issues, be bold and to putforth all their issues
without any fear and favor. This Association/body is for the
Superintendents, of the Superintendents and by the Superintendents and your
roll is prominent but they are not able to mend their ways.
I appeal to all local members of
Mumbai not to fall prey in the hands of manipulators. When we take our
wards for admission to any college or university, being a parent we browse,
ascertain whether the institution is properly affiliated to the university or
otherwise. Similarly the so called adhoc body is full of fake and their
election notice and AGM appointment of Election officers etc., is motivated.
The certificate of the Election officers is just like a fake hologram which do
not authorize/recognised by AIACEGEO, New Delhi. It is just like a fake
certificate of private educational institutions where no one knows whose
signature and whose emblem it is, but is colourful and to lure the innocents.
UNITY IS OUR STRENGTH,
RECOGNISE & EXPOSE THEM THOSE WHO ARE TRYING TO PLAY WITH YOUR TRUST AND
INTEREST. PARTICIPATE ACTIVELY IN THE AUTHORISED AFFILIATED RECOGNISED BODY OF
THE CESA MUMBAI. DON’T GIVE YOUR SHOULDERS FOR OTHERS TO USE THEIR
FIREARMS. THEY MAY COME AND COLLECT YOUR SIGNATURES, ONCE YOUR SIGNATURE IS
OBTAINED THEIR PURPOSE IS ACHIEVED. THEY ARE NOT AT ALL ACCOUNTABLE OR
RESPONSIBLE EXCEPT SHAPING THEIR OWN INTEREST.
Thanking You,
Yours
Sincerely,
Churchgate
Dated 12-05-2017
A. K. Sasmal
General Secretary
CESA,
Mumbai
************
The abstract of minutes of Daman
Convention dated 1st &
2nd November, 2014,
draft was circulated on 24th Feb.,
2015 and final draft was circulated on 04th March, 2015
“The House felt that the
functions of the Liaison Secretary must be well-defined. It was also felt there
should be transitional representatives for the promotee Assistant Commissioners
from each zone.
.........
The Secretary General assured that all the issues will be vigorously pursued
administratively, organisationally and legally. He declared that the newly
promoted Assistant Commissioners will be full-time members of the Association.
He urged that the newly promoted Assistant Commissioners should give their
declarations to the respective DDOs for the recovery of subscription.......
************
Last pre-convention
meeting was held at New Delhi on 4th Feb., 2017.
************
CESA/33/2017
Date:
11.05.2017
The Hon’ble Chief Commissioner
Central Excise Zone – I,
Mumbai
Respected Sir,
Sub: - Meeting of the Managing
Committee of CESA Mumbai and
resolution passed therein – reg.
In continuation to our letter no CESA/31/2017 dated 04.05.2017 &
CESA/32/2017 dated 08.05.2017, this is to inform that CESA Mumbai had convened
the meeting of its Managing Committee on 10.05.2017 at NACEN Bhandup, and
discussed various changes and impact after rolling of GST.
The managing committee also deliberated on the issue of ‘some officers self
declaring as Office bearer and misusing the letter head of CESA Mumbai and
misrepresenting and misleading the members and also to the
Administration’. House after due deliberation in the light of present
scenario unanimously resolved as follows:
-- to condemn the act of
splinter group, misusing of CESA letter head, position and misleading the
members and Administration for their vested interests
--CESA Mumbai and their
members will extend its all co-operation for smooth roll out of GST
--CESA Mumbai will strive
for proper infrastructure, deployment of staff in new formations and
safeguarding the interest of Superintendent Cadre and other fellow officers.
-- the Administration for
speedy disposal of vigilance cases before rolling out of GST.
--Will hold its AGM on 9th June and Election on 23rd of June 2017 (Friday)
--The present GS will
continue to discharge the functions of Chief Executive till he is functionally
posted as AC. In case of other postings authorised Office bearers will manage
the affairs of the CESA jointly.
The
house co-opted the following members in the managing Committee of CESA –
Shri Pramod Mendon, Shri Dinesh Waghmare,
Ms Aiesha Nikhat Shareef, Ms Bharti Bhaktiyani.
The House resolved and
appointed that Shri A. V. Subhedar, Shri Sanjeev Sahay, Shri Gopinath Nair and
Ms Bharti Bhaktiani, to represent jointly the CESA Mumbai as Authorised Office
Bearers, wherever required so that Cadre interest be properly taken care of.
The Committee members who got promoted will be there and give time for
Association work till the transition period is over and new body takes over.
In light of above CESA
Mumbai once again reiterates that apart from the above no one is authorised to
represent CESA Mumbai at any level or use its letter head. In case if any other
posed as Office bearer or make any representation no cognizance be taken on
such representation and directions be issued at field level in this regard.
This is for kind information and records.
Thanking you,
Yours
Sincerely,
Sd/…
A. K.
Sasmal
General
Secretary
CESA,
Mumbai
Copy to:
i). The
Chief Commissioner of Central Excise, Mumbai Zone-II, for kind information and
ii).The Chief Commissioner of Service Tax, Mumbai Zone, for kind
information and
necessary action.
iii). All
the Commissioners of Central Excise and Commissioners of Service Tax of Mumbai
iv).The Secretary General, AIACEGEO, for kind information and
necessary action and to
v).The President, AIACEGEO, for kind information and necessary
action.
*******
CESA/32/2017
Date:
08.05.2017
The Hon’ble Chief Commissioner
(Cadre Controlling Authority),
Central Excise Zone I,
Mumbai.
Respected Sir,
Sub: Floating of a new ad-hoc body in the name of CESA, Mumbai and
issuance of Election Notice
and appointing of Chief Election
In continuation to our letter CESA/31/2017 dated 04.05.2017, addressed to your
goodself by the General Secretary, this is brought to your kind notice that the
undersigned has been named as Chief Election Officer in the “election notice
circular” issued by some unauthorized person.
This is to clarify that as
President of CESA Mumbai, neither me nor the General Secretary has authorized
any person to act on behalf of CESA Mumbai or use its letterhead. It is a case
of sheer impersonation and has to be taken note of.
The members of the existing body, some of whom have been granted promotions
in-situ, to Group ‘A’ cadre, are fully aware of their responsibilities which
were taken up voluntarily and continue to discharge the same. Yet at the same
time CESA Mumbai is in the process of working out the details and needs of the
Association keeping the future in mind, considering the new tax regime and
waiting for the blue print of our Department under GST, before taking the
decision to get the new body formed in consultation with members of the CESA,
whom we represent.
Sir, it is once again reiterated
that the person who has issued the “election notice” is not authorized by us to
form an ad-hoc body and/or for appointing officers in various posts of CESA,
Mumbai. He has appointed
himself as the General Secretary of the bogus body and followed it up with the
issuance of a bogus Notice of Election, appointing of Election Officers (whose
consent were not taken, including mine), holding of AGM, which has been done
without following any proper Rules or procedures.
In view of the above, it
is requested that no cognizance be taken of such an “election notice”. For your kind information as informed in our
letter we are soon going to hold the meeting of members and whatever decisions
are taken, the same will be communicated to you in due course.
Thanking you.
Yours
Sincerely,
Sd/…
S. M. Bagal
President
CESA,
Mumbai
Copy to:
i).
The Chief Commissioner of Central Excise, Mumbai Zone-II, for kind information
and
ii). The Chief Commissioner of Service Tax,
Mumbai Zone, for kind information and
necessary action.
iii).
All the Commissioners of Central Excise and Commissioners of Service Tax
of Mumbai Zone, for kind information
and necessary action.
iv). The Secretary General, AIACEGEO, for kind information and
necessary action.
v). The President, AIACEGEO, for kind information and necessary
action.
*******
CESA/31/2017
Date: 04.05.2017
The Hon’ble Chief Commissioner
(Cadre Controlling Authority),
Central Excise Zone I,
Mumbai.
Respected Sir,
Sub: Floating of a forged
ad-hoc body in the name of CESA, Mumbai-reg.
It has been brought to our notice
that a forged ad-hoc body has been floated in the name of CESA, Mumbai.
Presently, CESA Mumbai represents the entire Mumbai Zone. Its views,
suggestions, and representation are widely appreciated as it has catered to the
larger interest of the Cadre as well as other Cadres having common interest. The said Association is a staff
welfare Association duly recognized by AIACEGEO.
2.
The All India convention of AIACEGEO is scheduled to be held on the 27th&
28th May, 2017 at Gandhi Dham. As the Election
days are nearing, many groups in the Federation have started lobbying for the
All India posts. Alas, the effect of this virus has infected Mumbai too.
3.
It appears that this ad-hoc body has been formed like a KhapPanchayat which
does not recognize or follow any rule of law of the land. The main actor in
this self-proclaimed bogus body is an individual, known for his greediness,
jumping from one deputation to another, who is being shunted by one
Administration to another and is presently kept in a non-sensitive posting
(reasons for the same, your goodself is well aware of). The members of the
legitimate Association do not want or even think that their office bearer will
be a tainted one. This is a staff welfare Association and not a labour union…
Its members are well educated and decent, who expect their office bearers to be
gentle & accessible and certainly not frauds.
4. The undersigned is presently the
chief office bearer of the CESA, Mumbai and is under in-situ orders of
promotion. As the placement orders have not been issued by the Board till date,
he is still functioning as Superintendent of Central Excise. Recently, CESA,
Mumbai felicitated all the Superintendents who were promoted as Assistant
Commissioners and also those Superintendents who have retired in the years
2015-16 & 2016-17 (till April).
5.
You are well aware that CESA-Mumbai intends to felicitate the Hon’ble Chairperson
of CBEC, Ms. VanajaN. Sarna, who will also grace as the Chief Guest of the
convention of CESA, Mumbai, which was scheduled to be held in May. But due to
the hectic schedule of Hon’ble Chairperson, she had to postpone her visit to
Mumbai on 20th April.
We are in constant touch with her office for finalizing the dates. Anyhow, CESA
Mumbai will hold its Committee meeting on 09th May and will discuss various issues as
well as holding of the convention etc.
6.
Formation of new Commissionerates under the GST regime is under preparation and
its finalization is expected shortly. As soon as the notification of thenew
Commissionerates are issued and starts functioning and officers are settled in
their new roles and locations, then certainty will prevail and within a month
thereafter, Elections will be
held for constitution of the new Managing Committee of CESA, Mumbai. No
backdoor entries or shortcuts will be allowed to grab the prestigious posts of
CESA, Mumbai or any post in the name of CESA Mumbai.
7.
CESA, Mumbai has not authorized any individual/body for the use of their
official letter heads and to raise any issue of the Cadre with the
Administration. It has been brought to our notice that the so called fake
bodyis using the name and designation of President of AIACEGEO to mislead the
members as well as Administration, which we strongly condemn. We appeal to take
necessary action for any misuse and fake representation suitably against the
self-proclaimed bogus outfit.
8. In light of the above, it is
requested that neither the newly floated body nor the self-appointed office
bearers should be recognized as genuine and any representations either in
person or in writing should not be entertained by your good offices.
Thanking you,
Yours
Sincerely,
Sd/-
A. K.
Sasmal
General
Secretary
CESA,
Mumbai
Copy to:
i).
The Chief Commissioner of Central Excise, Mumbai Zone-II, for kind information
and
ii). The Chief Commissioner of Service Tax, Mumbai Zone, for
kind information and
necessary action.
iii)
All the Commissioners of Central Excise and Commissioners of Service Tax of Mumbai
iv). The Secretary General, AIACEGEO, for kind information and
necessary action and to
v). The President, AIACEGEO, for kind information and necessary
action.
*******
To
The Chief Commissioner Central Excise,
Mumbai Zone-I.
Respected Sir,
Sub:- Disassociation from activity of holding
Elections of CESA, Mumbai.
This is to inform that considering the disputes and controversies involved in
the upcoming elections of CESA, Mumbai, I am withdrawing from the assignment of
Election Officer for conducting the election. Any letters/documents signed by
me for this purpose may please be treated as withdrawn. Inconvenience caused is
regretted.
Yours
faithfully,
Sd/-
M. P.
Sengar
Assistant
Commissioner
Copy to : Shri A. K. Sasmal, General Secretary, CESA
Mumbai.
Bharatmaataa ki Jai.
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