" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr. A. Venkatesh and SG Mr. Ravi Malik.

Monday, 22 October 2018

Extension of temporary posts of AC

Dear friends,
Namaste.
I am getting regular queries about clarification on extension of temporary posts of Asstt. Commissioner. Somewhere on social media, it has been mentioned that only half of the temporary posts of Asstt. Commissioner have been extended. This gave rise to regular queries about these posts. Friends, it is clarified that AIACEGEO has no such information. There seems to arise no question of the extension of the half posts. If to be extended, all posts will be extended as the same have already been functionally justified under GST.
Loving regards,
RAVI MALIK,
Secretary General,
AIACEGEO.

Para 8.1 of MACP Scheme and offsetting of time scale with MACP upgradation


ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy, M. Jegannathan (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
Office Secretary: C. S. Sharma T reasuer: N. R. Manda Organising Secretary: Soumen Bhattachariya
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 277/AIB/MACP/18                                                                          Dt. 22.10.18
To,
The Secretary,
DOPT, North Block,
New Delhi.
Sub: Para 8.1 of MACP Scheme and offsetting of time scale with MACP upgradation.
Sir,
            It is to submit with due regards that the single Grade Pay of Rs. 5400/- in PB2 and PB3 has been mentioned as separate grade pays under para 8.1 of MACP Scheme. Not only it, one MACP upgradation has also been offset with the time scale granted after serving for 4 years in the Grade Pay of Rs. 4800/-. As a result, our officers are getting after 30 years of service under MACPS what they were able to get after 24 years of service under ACP Scheme. 
            2. In the verdict given by the Madras High Court in Writ Petition No. 11535/2014, it has been upheld that the Grade Pay of Rs. 5400/- in PB-2 & PB-3 is one and the same thing. It was also decided in this case that the time scale can’t be offset with the MACP upgradation. SLP (C15396 of 2015 filed by the Govt. was also dismissed in this case. It is also worth to submit that the next Grade Pay after Rs. 5400/- is Rs. 6600/-. 
            3. In the verdict given by the High Court of Delhi in the W.P.(C) No. 9357/2016, it was upheld that non-functional financial upgradation (time scale) is not MACP upgradation. This order of the High Court has already been implemented vide office order No. 190/E-IV/Estt/DHC Dt. 23.02.18 without preferring any appeal in it.
            4. In W.P. (C) 5146/2012 also, the High Court of Delhi granted the next higher Grade Pay of Rs. 6600/- after time scale to the employees. The SLP(C) No. 010607/2013 filed by the Govt. was also dismissed by the Supreme Court in this case.
5. The High Court of Madras in WP No. 13225/2010 in Subramanium case, against which not only the SLP(C) No. 029382/2011 filed by the CBIC was dismissed on 10.10.17 but the review petition has also been dismissed on 23.08.18, has ruled that time scale/NFSG would be granted on completion of 4 years after ACP/MACP upgradation establishing that the ACP/MACP upgradation and time scale are altogether different and can no way be off-set with each other.
6. In SLP No. 77457/2017, the Apex Court said, “Once the question, in principle, has been settled, it is only appropriate on the part of the Government of India to issue a circular so that it will save the time of the court and the Administrative Departments apart from avoiding unnecessary and avoidable expenditure.” The Hon’ble Court further directed the Government of India to immediately look into the matter and issue appropriate orders so that people need not unnecessarily travel either to the Tribunal or the High Court or the Supreme Court.
7. Thus, all of the above Court Orders have become law of land by settling the issues to the finality. No need to say that people need not unnecessarily travel again repeatedly to the courts on above issues.
8. In W.P.(C) 11277/2016, Delhi High Court took serious note against the CBIC letter Dt. 05.09.07. This letter says, “in cases where the Court orders are adverse to the interest of the department/Government, such orders should not be implemented without clearance of the Board”. The  High Court took strong exception to this letter and was prima facie of the opinion that this letter invites contempt of Court. However, at the request of the ASG, the Court refrained from passing further orders and offered an opportunity to the CBIC to withdraw the letter. Thus, it is very clear that any government department is never above the Hon’ble Court and it is contemptuous not to follow the court orders. 
9. The Supreme Court in the Civil Appeal No. 9849 of 2014 held as under: 
“Normal rule is that when a particular set of employees is given relief by the Court, all other identically situated persons need to be treated alike by extending that benefit. Not doing so would amount to discrimination and would be violative of Article 14 of the Constitution of India. This principle needs to be applied in service matters more emphatically as the service jurisprudence evolved by this Court from time to time postulates that all similarly situated persons should be treated similarly. Therefore, the normal rule would be that merely because other similarly situated persons did not approach the Court earlier, they are not to be treated differently.”
10. In view of the above, it is requested to kindly-
i) Undo the para 8.1 of MACP Scheme and not to offset the time scale with MACP upgradation,
ii) Grant the Grade Pay of Rs. 6600/- to the employees after time scale of Rs. 5400/- (whether in PB2 or PB3).
iii) Grant the Grade Pay of Rs. 7600/- to the employees on being due for next MACP upgradation after Grade Pay of Rs. 6600/-. 
Thanking you,
Yours sincerely,


(RAVI MALIK),
Secretary General.

Sunday, 21 October 2018

Redressal of cadre issues


ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, SomnathChakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy, M. Jegannathan (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, SanjeevSahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, AshutoshNivsarkar (Central)
Office Secretary: C. S. Sharma Treasuer: N. R. Manda Organising Secretary: SoumenBhattachariya
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 275/AIB/G/18                                                                          Dt. 17.10.18
To,
The Chairman, CBIC,                           
North Block, New Delhi.
Sub: Request to resolve the issues under employee grievance redressal mechanism.
Sir,
            Kindly refer to earlier requests made to the administration by the Association including the letter Ref. No. 132/AIB/G/18 Dt. 31.05.18, 185/AIB/A/18 Dt. 24.07.18, 210/AIB/G/18 Dt. 07.08.18, 221/AIB/G/18 Dt. 21.08.18 etc.       
2. It is to submit with due regards that the meetings under the Employee Grievance Redressal Mechanism are not being held at due intervals either at the Board level or in the field formations despite of the repeated Board circulars and requests of the association. These meetings are very necessary for due redressal of the grievances without going for the unwarranted litigations. It is also worth to mention that the last meeting under the mechanism was held in the Board on 18.08.17 under the Chair of Member (Admn) at the time of your stint as the Member whereas it was last headed by the Chairman sometimes during the stint of Sh. Najib Shah.
3. The next meeting after 18.08.17 was to be conducted within two months extendable by one month. But neither any meeting has been held to consider the new points nor the position of the earlier points has been reviewed even after expiry of one year and two months of the said meeting and there seems no progress in r/o earlier points also.
            4. In view of the above, it is requested to consider the following points for due redressal-
A. DPC for the transition year 2018 for the post of Asstt. Commissioner and review DPC for the cases left erroneously during the DPC for the year 2017-18.
B. Batch to batch Non Functional Financial Upgradation to grant financial parity to our officers with the best placed counterparts of CSS etc.
C. Implementation of in-situ promotion scheme as approved in Board meeting of 18.02.11.
D. Bringing of scheme for the Central Excise executive officers to remove their stagnation independent of cadre restructuring as approved by the Cabinet in the year 2013.
E. Implementation of the CBIC circular issued vide F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding arrears of pay.
F. Implementation of the Subramanium case in rem.
G. Retrospective implementation of enhanced pay scale of Central Excise/GST Superintendents w.e.f. 01.01.96 at par with the Superintendents of NCB.
H. Promotion of ad hoc Assistant Commissioners to the post of Deputy Commissioner on completion of 4 years of service.
I. Implementation of para 7.15.24 of 6th CPC report in light of UO No. 6/37/98-IC Dt. 24.11.14 of Expenditure.
J. Undoing of MACP irregularities (para 8.1, upgradation in promotional hierarchy and offsetting of MACP upgradation with time scale).
K. Upgradation of posts & scales like state governments under GST.
L. Flexible Complementary/Dynamic Assured Career Progression Scheme for our officers in accordance of the observations of CBIC under OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 about the disparities in promotions that it is an alarming anomalous situation.
M. Taking action on DOPT OM issued vide Dy. No. 1173974/16/JS(CPC) of the month of June, 2016.
N. Implementation of the report of the Stagnation Committee headed by Sh. Balesh Kumar, ADG, HRM-I.
O. Implementation of the verdicts given in OA No. 2323/2012 by the Principal Bench of CAT.
P. Review of position of old points in r/o meeting of 18.08.17.
Thanking you,
Yours sincerely,


(RAVI MALIK),
Secretary General.

Thursday, 18 October 2018

HAPPY DUSSHERA

"A VERY HAPPY & AUSPICIOUS MAHA SAPTAMI, MAHA ASHTAMI, MAHA NAVAMI, VIJAY DASHMI, DURGA PUJA & DUSSHERA TO ALL WITH FAMILY & FRIENDS"

Wednesday, 17 October 2018

Vigilance cases


ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, SomnathChakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy, M. Jegannathan (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, SanjeevSahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, AshutoshNivsarkar (Central)
Office Secretary: C. S. SharmaTreasuer: N. R. MandaOrganising Secretary: SoumenBhattachariya
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 274/AIB/V/18                                                                          Dt. 16.10.18
To,
Sh. S. Ramesh,
Chairman, CBIC,
North Block, New Delhi.
Sub: Vigilance cases.
Sir,
            It is to submit with due regards that it has become a practice in our CBIC to conduct parallel departmental proceedings in the cases where the officer is under criminal prosecution (corruption cases) in the legal court. The proceedings are kept continued under Rule 14 or notice is being issued under Rule 19A proposing for dismissal.
2. The proceedings are being continued despite of the appeal by the officer being pending before the High Court after conviction by the trial court considering that no stay has been granted against the conviction order. The proceedings are kept continued under Rule 14 or notice issued under Rule 19A proposing dismissal without any mercy, even if the punishment is stayed by the High Court. It is worth to mention that such proceedings or issuance of notices after stay against fine/penalty or suspension of the punishment seems to be totally against the principle of natural justice. Such proceedings or the issuance of the notices are continued even after acquittal of main accused or against the favourable legal opinion or even against the acceptance of the legal opinion. Such things don’t seem to be in the interest of the justice.
3. In the case of acquittal as well as the proceedings being concluded in the favour of the officer for exoneration also, the vigilance clearance is kept in abeyance citing that the acquittal order is under appeal. It is worth to submit that there are also the decisions of High Courts and Supreme Court ruling that vigilance clearance cannot be kept in abeyance citing the pendency of appeal against the order of the acquittal. There also exist legal verdicts ruling that the departmental proceedings on the same set of charges stand obviated when there is a clear-cut acquittal. There also seems no administrative rule/OM/instruction/circular to exist keeping the order of acquittal as suspended in the cases where appeal has been preferred.
4. In the departmental cases, which have been settled with exoneration or imposition of penalty, the notices for penalty/higher penalty or dismissal are being issued. In the cases, where the enquiry report is in the favour of the officer and duly accepted by the concerned authority, a fresh enquiry is being proposed/initiated.
5. There are also the cases that the charge-sheet is issued to the officer just before his/her promotion. As a result, the promotion is stopped.
6. In view of the above, it is requested to kindly ask the concerned authorities to take a sympathetic and lenient view in such cases keeping in view that the officer has already suffered a lot from mental, social and administrative trauma on account of facing long proceedings. It is worth to submit that other departments except ours always take sympathetic view in such cases to protect their employees in the interest of the justice.
Thanking you,
Yours sincerely,


(RAVI MALIK),
Secretary General.

Tuesday, 16 October 2018

AC to DC promotion

Namaste,
friends.
The lists of pending ACRs/APARs fro promotion from AC to DC are placed herewith. It is requested to kindly do the needful to get the pending ACRs/APARs to the HRD at the earliest.
Loving regards,
RAVI MALIK,
Secretary General,
AIACEGEO.




Sunday, 14 October 2018

Implementation of in-situ promotion scheme


ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, SomnathChakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy, M. Jegannathan (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, SanjeevSahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, AshutoshNivsarkar (Central)
Office Secretary: C. S. SharmaTreasuer: N. R. MandaOrganising Secretary: SoumenBhattachariya
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 272/AIB/I/18                                                                          Dt. 15.10.18
                                                                                                                  REMINDER
To,
Sh. S. Ramesh,
Chairman, CBIC,
North Block, New Delhi.
Sub: Implementation of in-situ promotion scheme as approved in Board meeting of 18.02.11.
Sir,
            Kindly refer to the letters Ref. No. 90/AIB/P/18 Dt. 31.03.18, 116/AIB/P/18 Dt. 07.05.18 & 244/AIB/P/18 Dt. 06.09.18 of the Association as well as CPGRAM Regn. No.
CBOEC/E/2018/03267. The matter placed under the said CPGRAM Regn. No. CBOEC/E/2018/03267 was simply forwarded to the Ad-II section to dispose-off it without further action.  
2. Your kind attention is also invited to the point No. 3 under the heading of Presentation No.02 by ADG (HRM) on the issue of In-situ Promotion Scheme for Group B Executive Cadres (Gazetted and Non-Gazetted) of the minutes of the Board meeting of 18.02.11. 
3. It is to submit with due regards that not only the most of our officers are retiring with single promotion in the career after joining as Inspector but there are also disparities in promotions from zone to zone. No need to say that the temporary posts of Asstt. Commissioner with the clause of no further promotion are unable to do the required good to resolve the problem. On pursuance of the Association, one in-situ promotion scheme was approved by the Board in the meeting of 18.02.11. Basic features of the scheme are as under:
i) In-situ promotion to the Inspector with 10 years of regular service as Superintendent (in-situ).
ii) In-situ promotion to the Superintendents with 20 years of combined regular or in-situ service as Inspector+Superintendent with three years service as Superintendent (regular or in-situ) as Assistant Commissioner (in-situ).
iii) In-situ promotion as Deputy Commissioner (in-situ) to Assistant Commissioner (in-situ) after five years of service.
4. However, the Association suggested total 24 years of service for the post of Deputy Commissioner without any clause of five years of service as Assistant Commissioner (in-situ).
5. In view of the above, it is requested to kindly implement the said scheme (as already approved by the Board) as an instant measure to cope up the problem of the acute stagnation being faced by our officers for decades and also to remove regional disparities. It is also requested to implement the said scheme w.e.f. its approval, i.e., 18.02.11 and some other scheme may also kindly be formulated to enable our officers entering Level-13 and above like the counterparts of CBDT, CSS etc.
            Thanking you,
Yours sincerely,


(RAVI MALIK),
Secretary General.