Letter to the Chairman, CBEC regarding Inordinate Delays in deciding Disciplinary/Vigilance Inquiries

F. No. AICEIA/CBEC/CR/2014/30                                                    Date: 18.11.2014                               

To

The Chairman,

Central Board of Excise & Customs,

North Block,

New Delhi-110 001.

Subject: - Inordinate delays in deciding Disciplinary/Vigilance Inquiries – reg.

Sir,

        

          At the very outset, we wish to make it clear that we do not support any officer who willingly violates the rules/regulations and indulge in corruption.  However, wherever disciplinary proceedings initiated by the department, it is imperative that the proceedings are carried out in an expeditious manner as  delay effects moral of the officer and the performance of the department as well.  Moreover, timely completion of Departmental/Vigilance proceedings is in the best interest of the both officer and the department.

         

        From  time  to  time,  the Government of  India has  issued executive  instructions  to  further  streamline  the  procedure  for Disciplinary/Vigilance  Inquiries  in conformity  with  judgments  of  the  High/Supreme  Court.  Nevertheless,  there continue  to  be  instances  of  inordinate  delay  in  the  disposal  of  such  disciplinary inquiries.  At present, hundreds of Disciplinary/Vigilance Inquiries are lying pending in different Cadre Controlling Zones of Central Excise, which needs urgent disposal in accordance with the guidelines/norms/rules framed by CBEC, DoPT and CVC.  Time norms specified by CVC for conclusion of disciplinary proceedings must be followed in letter and spirit.

            

           Sir, your kind attention is invited to Central Vigilance Commission letter No. 000/VGL/18 dated 10.08.2004 regarding adherence to time limits in processing of disciplinary cases wherein it has been mentioned that "Delay in decision-making by authorities in processing of vigilance cases would also be construed as misconduct under the relevant Conduct Rules and would be liable to attract penal action.  All administrative authorities are requested to take note and strictly adhere to the prescribed schedule of time-limits in dealing with disciplinary cases.”

           We take this opportunity to request your good self to order to review the position of all pending cases of Vigilance angle and Non vigilance angle and direct all the concerned authorities to dispose off the cases in time bound manner that too taking logical, acceptable and warranted decision in the matter.

                  

              In view of the foregoing, I take this opportunity to request your good-self to  sensitize the Disciplinary Proceedings machinery so that it has a human face with the employees.  The role of the vigilance department should not be reduce but to enhance the       level of the managerial efficiency, skill and effectiveness in the organization.    It is also          requested to order all the Cadre Controlling Authorities in Central Excise to complete the Disciplinary/Vigilance proceedings in time bound manner in accordance with various guidelines issued by the Government of India.

           

             Thanking you.

Yours faithfully,

Sd/-

Abhishek Kamal

Secretary General

Letter to the Chairman, CBEC regarding delay in DPC

F. No. AICEIA/CBEC/CR/2014/29                                                    Date: 18.11.2014                               

To

The Chairman,

Central Board of Excise & Customs,

North Block,

New Delhi-110 001.

Subject: - Fixation of single unified date of promotion across all Cadre Controlling Zones - request reg.

Sir,

          Please refer to our letters dated 28.10.2014 and even no. 28 dated 07.11.2014, vide which we had requested to fix a single unified date of promotion of Inspectors to the grade of the Superintendents of Central Excise across the zones under CBEC and directions in this regard may please be issued to all Cadre Controlling Authorities so that nobody suffers the loss of All India Seniority due to different date of DPC. 

          

        In absence of single unified date, the DPC process in many zones is not as smooth as the previous unified date of 30^th September, 2014.    Sir, still many Cadre Controlling Zones of Central Excise have not conducted DPC for promotion of Inspectors to the grade of the Superintendents against the vacancies created due to promotion from the grade of the Superintendent, Central Excise to the grade of Assistant Commissioner, Central Excise & Customs vide Office Order No. 192/2014 dated 22.10.2014 issued by CBEC.  The Inspectors in these zones are in great fear of loss of Seniority and their poor future prospects, as they are facing great regional disparity due to recent Cadre Restructuring.

         

          Hence, in view of the above, it is once again requested to order all the Cadre Controlling Zones of the Central Excise to conduct DPC without further delay and it is also requested to order to fix a cut-off date for deciding the seniority of all the officers who are going to be promoted or have been promoted to the grade of the Superintendents of Central Excise due to above mentioned Office Order.

           

           Thanking you.                                                      

                                                                                                              Yours faithfully,

Sd/-

Abhishek Kamal

                                                                                                             Secretary General

Important Organizational Issues

Dear Comrades,

       It has been brought to our notice that some of the previous Office Bearers of regional units of AICEIA, despite being promoted as Superintendents, frequently write letter to the  administration  in their respective Circle/Branch/Units on behalf of AICEIA. It is not only immoral but  illegal also. Such activities create confusion and weaken Association. As per the Article 10(3) and 10(5) of the Constitution of AICEIA, the membership of a member of the Association shall be terminated on  "on becoming the member of any other Association/Federation" and "Promotion" respectively. Hence, they have no right either to write such letters or attend meetings posing as the Office Bearers of AICEIA .  If any Unit/Branch/Circle face such situation again, report to us so that we can take suitable action on time.

       Comrades, please refer to our blog dated 17.05.2014.  Sh. Ajit Kumar KG, the then Secretary General visualize things well in advance and wrote about some ensuing welcome changes in the cadre and mentioned many ways to strengthen our Association. He clearly advised the regional leadership of the Association to ensure that there will be no vacuum in the Association.  Now, his anticipation is realty. Due to en masse promotions of our members across the country,  many posts of the Association get vacated in many Units/Branches/Circles.  Very few Office Bearers left in some Units/Branches/Circles and so it is difficult to carry out the day to day function of the Association.  It is, therefore, necessary to  fill the vacant posts of the Office Bearers at those places  so that no member (even posted at the remotest location of the country) has to suffer.  Election must be held immediately, wherever election is due.  If any post of Office Bearer is vacant, conduct a General Body Meeting/Executive Committee Meeting/Convention and take appropriate decision as per the Constitution of AICEIA.  You are requested to conduct these exercise at the earliest and necessarily before 25th December, 2014. Further, it is also necessary to keep us inform about all the steps of this exercise or problem (if any) faced in carrying out the exercise.  By this way, we will provide necessary help on time. This matter is of prime importance as the CEC Meeting is to be conducted very soon, which all the Units/Branches/Circles have to attend.

       An early action is highly solicited.

Yours fraternally,

Abhishek Kamal

Secretary General

Letter to the Chairman, CBEC reg. DPC and Seniority

F. No. AICEIA/CBEC/CR/2014/28                Date: 07.11.2014                               

To

The Chairman,

Central Board of Excise & Customs,

North Block,

New Delhi-110 001.

Subject: - Fixation of single unified date of promotion across all Cadre    Controlling Zones - request reg.

Sir,

         Please refer to our letter dated 28.10.2014 vide which we had requested to fix a single unified date of promotion of Inspectors to the grade of the Superintendents of Central Excise across the zones under CBEC and directions in this regard may please be issued to all Cadre Controlling Authorities so that nobody suffers the loss of All India Seniority due to different date of DPC.  

          

        In context to above, it is also to mention that some of the Cadre Controlling Zones of the Central Excise has already conducted the DPC for promotion of Inspectors to the grade of the Superintendents against the vacancies created due to promotion from the grade of the Superintendent, Central Excise to the grade of Assistant Commissioner, Central Excise & Customs vide Office Order No. 192/2014 dated 22.10.2014 issued by CBEC.  Several Cadre Controlling Zones of the Central Excise have not conducted the DPC yet, which is causing fear of loss of the Seniority and undue sufferings and agony to the Inspectors.

        

        Hence, in view of the above, it is once again requested to order all the Cadre Controlling Zones of the Central Excise to conduct DPC without further delay and it is also requested to fix a cut-off date for deciding the seniority of all the officers who are going to be promoted or have been promoted to the grade of the Superintendents of Central Excise due to above mentioned Office Order.

          

          Thanking you.                                                

                                                                                                       Yours faithfully,

Abhishek Kamal

                                                                                                       Secretary General

Newly elected Office Bearers of AICEIA, Madurai Unit

The General Body Meeting of All India Central Excise Inspectors Association, Madurai Unit was held at Madurai on 27th September 2014  The General Body Meeting was conducted successfully and the following set of Office Bearers have been elected to serve the members of AICEIA, Madurai Unit:-

President                                              :  Com. S. Krishnan

General Secretary                                 :  Com. K. Mahendirawarman

Vice President                                      :  Com. T. Dhakshinamoorthy

Additional General Secretary                :   Com. R. Maruthu Raja       

Joint Secretary 1                                  :   Com. L. Dhanabal Murugan              

Joint Secretary 2                                  :  Com. M. Joseph Jayaraj

Treasurer                                             :   Com. V. Thavamani                

Yours fraternally,

Abhishek Kamal
Secretary General    

Letter to The Hon’ble Minister of State for Finance

F. No. AICEIA/ADMIN/2014/27                                       Date: 03.11.2014                               

To

The Hon’ble Minister of State for Finance,

Government of India,

North Block,

New Delhi-110001.

Sub: Request for Appointment – reg.

*****

Madam,

               Please refer to our letter even no. 12 dated 20.08.2014 on captioned subject “Cadre Restructuring- Regional Disparities in Promotions of Central Excise Inspectors to Superintendents- Extreme Disappointment of Cadre at Continuing Grave Injustice”.

         

               Madam, this Association is the only recognized Association to represent the largest workforce (i.e. Inspectors of Central Excise) under Central Board of Excise & Customs.  This Association once again invites your kind attention towards the acute stagnation in Inspector grade and the regional disparity in promotion of Inspectors of Central Excise to the grade of Superintendent of Central Excise among 15 Cadre Controlling Zones of Central Excise.  

     

     The CBEC has already started the implementation of Cadre Restructuring process without addressing the genuine grievances of the Cadre, resulting in mass dissatisfaction among cadre which will ultimately have negative results on the performance of the CBEC.

            It is humbly requested to give an appointment at your earliest convenience, so that we can make a presentation before yourself in person regarding our sufferings and the possible solutions to the acute stagnation and regional disparities in promotion.

           

            Thanking you.

Yours faithfully,

Abhishek Kamal     

Secretary General

Letter written to the newly appointed Chairman, CBEC

F. No. AICEIA/ADMIN/2014/26                                       Date: 03.11.2014                               

To

Shri Kaushal Srivastava,

Chairman,

Central Board of Excise & Customs,

North Block,

New Delhi-110 001.

Sir,

          We, on behalf of the members of All India Central Excise Inspectors' Association,  extend a warm welcome to you as the Chairman, Central Board of Excise & Customs, New Delhi.  We heartily Congratulate you on your appointment. 

          The Inspectors of Central Excise forms the largest and a vitally important cadre in the entire system of administration of indirect taxes in the country, is unfortunately also the most deprived in respect of prospects of career advancement.  We are confident that your presence will address the grievances of the largest cadre of the CBEC.

Sir, we also takes this opportunity to request you to give this Association some of your valuable time so that the core issues pertaining to this Cadre may be briefed and resolved at the earliest.

With best wishes! 

Yours faithfully,

Abhishek Kamal

                                                                                                        Secretary General

Letter to the Chairperson, CBEC regarding Unified date of promotion

F.No. AICEIA/CBEC/CR/2014                                                             Dated: 28.10.2014

To

The Chairperson,

Central Board of Excise & Customs,

Department of Revenue,

Ministry of Finance,

North Block,

New Delhi.

Madam,

Subject:- Fixation of single unified date of promotion across all Cadre Controlling Zones

               - request reg.

Your kind attention is invited to the fact that due to promotion from the grade of the Superintendent, Central Excise to the grade of  Assistant Commissioner, Central Excise & Customs vide Office Order No. 192/2014, the consequential vacancies in the grade of the Superintendent of Central Excise in different zones have to be filled-up from the cadre of Inspector, Central Excise.

As these vacancies  arising out of the cascading effect of the Cadre Restructuring, your goodself is requested to fix single unified  date of  promotion across the zones under CBEC and directions in this regard may please be issued to all Cadre Controlling Authorities so that nobody suffers the loss of All India Seniority due to different date of DPC.

Your immediate direction will be a great relief to this cadre which is already suffering due to wide regional disparity. 

Thanking you for your anticipated kind consideration.

Yours faithfully,

Sd/-

Anupam Neeraj

President

Copy to:-

The DGHRD, Central Excise & Customs, New Delhi.

Sd/-

Anupam Neeraj

President

Letter submitted to the Member (P&V) during meeting on 17.10.2014

A meeting was fixed by the  Member (P&V), CBEC on 17.10.2014 with the Office Bearers of AICEIA.  Sh. Devendra Kumar, Liaison Secretary, Sh. Rananjay Pratap Singh, Vice President (West) and myself attended the meeting on 17.10.2014.  During the meeting several matters related to cadre like stagnation, increased regional disparity, unfruitful Cadre Restructuring were discussed and a letter was submitted which is given below.

Yours fraternally,

Anupam Neeraj
President

Letter submitted during the meeting:-

F.No. AICEIA/CBEC/CR/2014/                                                    Date: 17.10.2014

To

The Member (P&V),

Central Board of Excise & Customs,

Department Of Revenue,

Ministry of Finance,

Government of India,

New Delhi-110 001.

Madam,

                Sub: Non-Redressal of the Issues of Regional Disparity and All India                                                                                         Seniority List of Inspectors of Central Excise During Cadre Restructuring in CBEC.

                Please refer to the subject mentioned above.

                In this regard, your kind attention is invited to the fact that despite regular, numerous and continuous submissions and persuasions made by this Association, Cadre Restructuring in CBEC has been rolled out without giving any concern to the captioned issues. It is hard to understand for this Association the logic, legal bindings and concerns for which the Cadre Restructuring has been rolled out.

              This self-convincing and unilateral step of CBEC has lead to a situation where Cadre Restructuring has resulted in the following anomalies:-

1.  The regional disparity in promotion to the grade of the Superintendent, Central Excise increased drastically among different CCAs of Central Excise.

2.    Officers who got selected with higher merit will be placed junior to the officer who were at the bottom of the same select list.

3.    Officer who got selected prior will be placed junior to the officers selected in the subsequent examinations.

4.    Due to outcome of the point no. 2 & 3, there will be  a clear disagreement with the DOP&T OM no. 22011/7/86-Estt.(D) dated 3-7-86 para 2.1.

5.      There could have been a streamlined solution of permanent nature, but, now it has resulted in so many litigations.

6.      Even the minimum concerns like allocating the Audit Commissionerates for LTUs of the Stagnated Zones which is indifferent of geographical boundaries were not done.

7.    The officers whose ICT options for zones with better promotion zones  was granted by the authority will be promoted before officers whose ICT was not granted or not applied due to no fault of theirs.

8.   There will be a mad race for ICT for the zones where there are  too  many posts of Superintendents Central Excise but insufficient eligible Inspectors of Central Excise to get promotion.

9.  One Study Group formed by CBEC to study the stagnation in Group-B Executive Cadre has yet to submit its report when the the Cadre Restructuring has already been given effect to.

        In view of aforementioned submissions, your goodself is requested to make an early and suitable direction to the competent authority to make remedial action for above sited unwarranted situation.

            Thanking you in anticipation,

Yours faithfully,

Sd/- 

Anupam Neeraj

                                                                                                                                                     President