As
per DOPT guidelines it is required to prepare a seniority list in each and
every cadre. Seniority list has to be prepared by appointing authority
considering the DOPT guidelines only.
Main guidelines for preparation of seniority list at present is date of DPC for promotees and date of
advertisement by selecting authority for direct recruitees , the seniority for both direct and promotee has to be fixed as per quota fixed for each category and the
rotation method prescribed by DOPT subject to fulfillment of conditions
prescribed by DOPT on its circular dated 07.02.86. Further considering the above situation the
relative seniority of all direct recruit shall be determined by the order of
merit in which they are selected and for promotees as per DPC panel. The persons
appointed as a result of an earlier selection being senior to those, appointed
as a result of a subsequent selection: Here
the word “appointment” is very crucial as appointment is being made by
the appointing authority only. The
selecting authority (either UPSC or SSC) does not issue any appointment letter.
Therefore the appointing authority is responsible for preparation of seniority
list.
The 'Seniority list is not
a substitute for eligibility list. -"The eligibility list for promotion
shall be prepared with reference to the date of completion by the officers of
the prescribed qualifying service in the respective grade as prescribed in
Recruitment Rules for promotion to next higher grade .The eligibility list for
promotion shall be prepared with reference to the date of completion of
qualifying service with inter-se-seniority within the cadre remaining the same.
Which stipulates that the eligibility list of a particular grade has to be
prepared in conformity with the seniority list of that particular grade only ( In other words for promotion to the post of
AC, the eligibility list has to be prepared on the basis of the seniority list of
Superintendents only. No provision has been prescribed for preparation of
eligibility list in accordance with the seniority list of Inspectors for promotion
to the post of AC. Such procedure has not
been prescribed either by DOPT or by any Court of Laws. Moreover this is not
possible as there is also a provision of direct recruitment in the
Superintendent of Central Excise Recruitment Rules 1986).
Since the qualifying years
of service in the grade of Superintendent for promotion is two years only, all
the Superintendents as figured in the seniority lists (up to 2010) have
completed the qualifying years of service, hence no further eligibility list is
required to be prepared in conformity with the decision of Honourable High
Court of Delhi in the case of ITGOA. The Superintendent of Central Excise
Recruitment Rules 1986 provides that DPC shall be held on the basis of Zonal
cadres. As per the honourable Supreme Court decision in WP(C ) No. 306/88, a
seniority list is to be prepared in the cadre of Superintendent on all India
basis for promotion to the grade of AC.
The term disciplinary
authorities is applied to such authorities who have been entrusted
with powers to impose any penalty on the employees. The term disciplinary
authority is defined in rule 2(g) of CCA Rules as the authority competent to impose
on a govt. servant any of the penalties specified in rule 11. Appointing
authorities are empowered to impose major penalties. It may be recalled that
article 311 clause (1) provides that no one can be dismissed or removed from
service by an authority sub-ordinate to the authority which appointed him.
Appointing authorities happen to be disciplinary authorities. CCA Rules 2(a)
lays down the procedures for determining the appointing authority. The appointing authority or disciplinary
authorities can not be changed retrospectively.
As
per the Inspectors of Central Excise recruitment rules ”the
appointing authority" in relation to Inspector grade means the
authority empowered under the Central Civil Services (Classification, Control
and Appeal) Rules, 1965, to make appointments to that grade. Similarly as
per the Superintendents of Central Excise Recruitment Rules “the
appointing authority" in relation to Superintendent grade means
the authority empowered under the Central Civil Services (Classification,
Control and Appeal) Rules, 1965, to make appointments to that
grade. As per these rules , Commissioner of Central Excise
(CCA) is the proper authority which is empowered under the Central
Civil Services (Classification, Control and Appeal) Rules, 1965, to make
appointments to both the grades of Inspector & Superintendent .
There is no provisions under such rule for delegation of powers to subordinate
or exercise of power by higher
officials. Hence Commissioner (CCA) is
the only competent person to appoint both Inspector and Superintendent .
Neither Board nor DG/HRD are empowered under the Central Civil Services
(Classification, Control and Appeal) Rules, 1965 to make appointments to the
Grades of Inspector & Superintendent . Since Commissioner (CCA) is the
competent authority for appointment of Superintendents, he is also
competent to prepare seniority list of Inspectors working under his
jurisdiction to grant promotions to the grade of Superintendent on zonal basis
as per the provisions of RR as he is the appointing authority for the post of
Superintendent. Board is not authorised to prepare a
unified seniority list of Inspectors of Central Excise on all India basis
unless the Central Civil Services (Classification, Control and Appeal) Rules,
1965 is amended suitably . Since appointments have
already been made and promotions have already been granted, these rules can not
be amended retrospectively. Since the Union Govt.( through CBEC) is
competent for appointment of AC as per Gr-A RR, CBEC is preparing the seniority
list of feeder categories ( including Superintendent of Central Excise )on all
India basis to grant promotions to the post of AC. Under the Central Civil
Services (Classification, Control and Appeal) Rules, 1965, Chief
Commissioners/CBEC are the appellate /revision authority respectively for
the grade of Superintendent. Appellate authority can not exercise the
power of adjudicating authority. Example Commissioner ( Appeal ) can not
adjudicate any case which are empowered for adjudication by Commissioner or
by any subordinate to Commissioner . The Central Civil Services
(Classification, Control and Appeal) Rules, 1965 also provides different
provisions pertaining to vigilance, accounts and other service
matters, there is not a single instance for amendment of the same
retrospectively. The Authority of such rules at present is DOPT. There is
also a provision of direct recruitment in the Superintendent of Central
Excise Recruitment Rules to recruit Supdt. (Expert), hence the seniority
list of Superintendents can not be re-arranged with
reference to the date of joining in feeder post.
