Monday, 6 July 2015


Secretary General:        Address for communication:                              
Lokanath Mishra            C.R.Building , Bhubaneswar-751007                                        
Mob. 09437314941          mail Id:jailoknathjee@gmail.com        

Ref No.IRSITOA/2015/      105                                                     Dated:- 06.07.15      

The Chairman
Central Board of Excise & Customs,
North Block
New Delhi- 110001

Sub.:  Order dt. 08.12.2014 of Hon’ble Madras High Court in Writ Petition no. 19024 of 2014 & M.P. no. 1 of 2014 filed by Sri R Chandrasekharan against order dt. 24.02.2014 in OA no. 675 of 2013 passed by Hon’ble CAT, Madras Bench
Your kind attention is drawn to the CBEC’s letter under F no. A-23011/25/2013.Ad.IIA dt. 24th May 2015(copy enclosed), addressed to the Chief Commissioner of Central Excise, Chennai Zone, on the above subject in terms of which the benefit of 3rd MACP has been allowed to the petitioner Sri Chandrasekharan as a consequence of the Hon’ble Madras High Court Order dt 08.12.2014(copy enclosed), as referred to above. The opinion of the DOPT in this regard has also been enclosed with the said letter of the CBEC (copy enclosed).
The penultimate paragraph no. 17 of the said Order contains direction of the Hon’ble Court to the effect that “The Department of Personnel, Public Grievances and Pensions is directed to consider the issue in extenso in the light of the provisions of MACP scheme and the benefits given to the employees like the petitioner to count the non-functional scale for the purpose of ACPS”. The letter and spirit of the direction clearly indicates that the benefit allowed to  Sri R Chandrasekharan is required to be extended to all the similarly placed officers in the CBEC. Accordingly, necessary order may kindly be issued to that effect ensuring benefit of 3rd MACP in the grade Pay of Rs 6600/- to all the similarly placed officers in CBEC in the light of the Hon’ble Madras High Court’s Order.
While issuing the order, the following aspects may kindly be considered and necessary instructions to the concerned formations may please be given.
1.       To ensure that all the similarly placed officers who have so far not been given the benefit of 3rd MACP in the grade pay of 6600/- is given the said benefit with retrospective effect along with the arrears after having re-fixed their pay accordingly.

2.       The orders for recovery of already granted 3rd MACP in the grade pay of 6600/- to similarly placed officers, if issued by any Commissionerate, may kindly  be withdrawn and the recovery stopped with immediate effect.
3.       The similarly placed officers, who have retired by now without the benefit of 3rd MACP in the grade pay of 6600/-, should be given such benefit retrospectively along with arrear and their retirement pay should be re-fixed accordingly to ensure higher pensionery benefit.
4.       The letter of the CBEC under F no. 23011/29/2010-AD.IIA dated 4th June 2014 may kindly be treated as withdrawn (copy enclosed).

Enclosure: as above                                                                                                                        Yours faithfully,

(Lokanath Mishra)
Secretary General

Instructions regarding timely issue of Charge-sheet - Dopt orders on 3.7.2015

“The reasons for suspension should be communicated to the Government servant concerned at the earliest, so that he may be in a position to effectively exercise the justify of appeal available to him under Rule 23 (i) of the CCS (CCA) Rules, 1965, if he so desires. The time-limit of forty five days for submission of appeal should be counted from the date on which the reasons for suspension are communicated.”

G.I., Dept. of Per. & Trg., O.M.F.No.11012/17/2013-Estt.(A), dated 3.7.2015

Subject: Central Civil Services (Classification, Control and Appeal) Rules, 1965 – instructions regarding timely issue of Charge-sheet – regarding.

The undersigned is directed to refer to DoP&T O.M. of even no. dated 2nd January, 2014 regarding consolidated instructions on suspension and to say that in a recent case, Ajay Kumar Choudhary vs Union of India Civil Appeal No.1912 of 2015 dated 16/02/2015 the Apex Court has directed as follows:

We, therefore, direct that the currency of Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/ Chargesheet is not served on the delinquent officer/ employee;

2. It is noted that in many cases charge sheets are not issued despite clear prima facie evidence of misconduct on the ground that the matter is under investigation by an investigating agency like Central Bureau of Investigation etc. In the aforesaid judgement the Hon’ble Supreme Court has superseded the direction of the Central Vigilance Commission that pending a criminal investigation departmental proceedings are to be held in abeyance.

3. In this connection, attention is invited to this Department O.M. No.35014/1/81- EsttA dated 9.11.1982 which contained the guidelines for timely issue of charge-sheet to Charged officer and to say that these instructions lay down, inter-alia, that where a Government servant is placed under suspension on the ground of “Contemplated” disciplinary proceedings, the existing instructions provide that every effort would be made to finalise the charges, against the Government servant within three months of the date of suspension. If these instructions are strictly adhered to, a Government servant who is placed under suspension on the ground of contemplated disciplinary proceedings will become aware of the reasons for his suspension without much loss of time. The reasons for suspension should be communicated to the Government servant concerned at the earliest, so that he may
be in a position to effectively exercise the justify of appeal available to him under Rule 23 (i) of the CCS (CCA) Rules, 1965, if he so desires. The time-limit of forty five days for submission of appeal should be counted from the date on which the reasons for suspension are communicated.

4. All Ministries/ Departments are requested to bring the above guidelines to the notice of all concerned officials for compliance.

Friday, 3 July 2015

The scheme of Joint Consultative Machinery (JCM) was introduced in the year 1966 as a sequel of the recommendations of the Second Pay Commission. The scheme is indented to serve as a Grievance Redressal mechanism for addressing issues raised by the staff. It covers nearly 95% of the regular civil employees. However, Gazetted Group ‘B’  Officers are not covered by the scheme except Gazetted Group ‘B’ officers of the Central Secretariat. Thus other Gazetted Group ‘B’ Officers are discriminated vis a vis the Gazetted Group ‘B’ Officers of the Central Secretariat. The absence of a Redressal scheme has left the Gazetted Group ‘B’  Officers without any means to voice their grievances before the Government.

The Officers have been demanding for a separate Grievance Redressal set up akin to the JCM or at least, a platform to negotiate the common issues of Gazetted Group ‘B’ Officers across various departments with the representative of CBEC. Their voices have so far fallen on deaf ears. AIACEGEO insisting that the issue be examined by the CBEC and a Grievance Redressal Mechanism for the Gazetted Group ‘B’  Officers be introduced so that the discrimination is removed and the genuine grievances of gazetted officers   numbering around 18,000 are meaningfully addressed by a forum and the present condition that chokes them into despair is removed.
The Seventh Pay Commission may recommend a 2-3 times hike in government salaries from 2006 levels, a move which may spread cheers among civil servants but increase the stress on the fisc.

Sources told Bloomberg TV India that Seventh Central Pay Commission (CPC) was considering mega give-away to the government employees. When the government implements the CPC mandate hopefully from January 2016, salary scale may double or treble from what it was in 2006, an official said.

On an annual basis, the hike may be close to 30 per cent as consecutive hikes in dearness allowances has already raised the salary levels of government staff.

Sources said there is likely to be a four-fold hike in the grade pay. In the lowest salary band, the grade pay is likely to go up from Rs 1,800 per month to Rs 7,300. In the higher bracket, it may go up from the current Rs 12,000 to Rs 50,000.

Historically, government salaries have almost trebled in every decade. The sixth CPC suggested 3 times increase in salaries from that of fifth CPC levels--it was 2.6 times for lower grade officials and slightly above three times for higher grade staff. The increase in salary during fifth CPC was 3-3.5 times the fourth CPC levels.

The previous UPA government set up the Seventh CPC headed by Justice AK Mathur in February 2014 and promised to implement the salary hike from January 2016. The Narendra Modi government may stick to the January deadline. The Seventh CPC may present its report to the government by August, sources said.

North Block officials say the wage bill in the next financial year may see a 30 per cent hike on the back of Pay Commission recommendation, throwing up a huge challenge in the face of the fiscal consolidation roadmap.

In the case of the sixth CPC, the government expenditure increased by about Rs 22,000 crore during FY09—Rs 15,700 crore on the general budget and Rs 6,400 crore on the rail budget. Arrears amounting to Rs 18,000 crore were distributed in two years—40 per cent in FY09 and 60 per cent in FY10.

The fiscal implication of sixth CPC coupled with fiscal stimulus in the form of higher spending and tax cuts after the Lehman crisis, doubled the Centre’s fiscal deficit to 6 per cent in FY09 and from less than 2.7 per cent in FY08.

Shri R.C. Sharma.

Shri R C Sharma ex Secretary General of All India Federation of Central Excise Executive Officers' ( now AICEIA) retired on 31-May-2015 as Assistant Commissioner of Customs, Mumbai, after putting in around 37 years of service.
His farewell meeting  was attended by Shri S.K. Pareek ( ex- President of AIACEGEO)