" 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.T.Dass and SG Mr. Harpal Singh.

Thursday 31 January 2013

MEETING WITH MEMBER(P&V)

Meeting was held with Member(P&V) on 31.01.13 . DG(HRD), ADG(HRM) and few officials of CBEC  were present. Member(P&V) has stated that tomorrow the compliance to comment of FM on CR will be submitted by Board. Like CBDT, the CR of CBEC will be submitted to Expenditure for clearance again in view of the austerity measure imposed by Expenditure. In-situ scheme will be processed after CR is approved. Adhoc regularisations will be made after the hearing on contempt petition is over.  All the 43 points rose by us were discussed, but replies were stereo type. We have stated that CR with cut is not acceptable to us. In situ scheme should be considered simultaneously, all the 43 points should be considered immediately, otherwise we will observe the protest week, boycott   Excise DAY and will submit resignation on 30.04.13 and will not attend any work w.e.f 01.05.13.
Friends - now please ready for agitation. Please do all the preliminary work including press release and posterings etc. AICEIA will be requested to join with us.The local  Inspectors Association may be requested at your end to join in agitation.

Meeting with Member(P&V)

We refused to accept the suggestions of Member(P&V) to stop agitation. We stated that protest week will be observed, there will be a boycott of Excise Day. We all will resign on 30.04.13 and will not work w.e.f 01.05.13.

Monday 28 January 2013

contempt petition filed in Chennai CAT


IN THE CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH CHENNAI.

C.A. No.                          of 2012
in

O.A. No.144 of 2011

1. The All India Association of Central Excise
Gazetted Executive Officers, Chennai Unit,
Represented by its General Secretary,
R. Chandramouli,
III Floor, Periyar Maligai,
690, Anna Salai, Nandanam
Chennai 600 035.   

2. K. Sudarsan,
S/o. K. Gopalakrishnan,
Working as Superintendent of Central Excise.\,
III Floor, Annexe Building,
Office of the Commissioner of Central Excise, Chennai1,
121, Nungambakkam High Road,
Nungambakkam, Chennai 600 034.                                              … Applicant

-Versus-
Mr.
The Chairman,
Central Board of Excise and Customs,
Ministry of Finance, North Block,
New Delhi 110 001.                                                                    … Respondents                                            
DETAILS OF APPLICATION
I.           (a) Name and address of the Applicant :
1. The All India Association of Central Excise
Gazetted Executive Officers, Chennai Unit,
Represented by its General Secretary,
R. Chandramouli,
III Floor, Periyar Maligai,
690, Anna Salai, Nandanam
Chennai 600 035.   

2. K. Sudarsan,
S/o. K. Gopalakrishnan,
Working as Superintendent of Central Excise.\,
III Floor, Annexe Building,
Office of the Commissioner of Central Excise, Chennai1,
121, Nungambakkam High Road,
Nungambakkam, Chennai 600 034.                                              … Applicant




                                                                                      
II.          (b)  Name and address of the Respondents :

Mr.
The Chairman,
Central Board of Excise and Customs,
Ministry of Finance, North Block, New Delhi 110 001.            … Respondents                                   
         
          (c)  Provision of Law
          Under Section 17 of the Administrative Tribunal’s Act 1985.

III      (d) Facts of the Case :

1.            The Petitioner made a detailed representation on 20.10.2010 raising its grievances with regard to Modified Career Assured Progression Scheme, in short M.A.C.P. Scheme.  Since no action was forthcoming from the Respondents, the Petitioner had filed O.A. 144 of 2012 before the Central Administrative Tribunal Chennai Bench for a limited direction to the Respondents to consider and pass orders on the Petitioner’s representation dated 20.10.2010.

2.            The Hon’ble Tribunal by its order dated 25.04.2012 gave a limited direction to the Respondents to consider the representation of the Petitioner herein dated 20.10.2010 and pass a reasoned order in accordance with the rules within a period of three months from the date of receipt of copy of order.

3.            On the basis of the above said order the Petitioner had made a representation on 14.06.2012 and 16.07.2012 seeking implementation of the above order of the Hon’ble Tribunal.  The time limit of three months has since expired.  But no reply has been given to the Petitioner herein.  The inaction on the part of the Respondents amounts to willful disobedience of the orders passed by this Hon’ble Tribunal and amounts to contempt of Court.

4.            The copy of the order of this Hon’ble Tribunal was made ready on 3.5.2012 and the same was forwarded by the Applicant along with the representation seeking implementation.  But no action was taken to implement the order.  In such circumstances, the Petitioner caused the issuance of a Contempt Notice to the Respondents on 20.08.2012 to implement the order of the Hon’ble Tribunal failing which the Applicant would be constrained to initiate contempt proceedings before this Hon’ble Tribunal.  Despite receipt of the above said notice, no action as been taken by the Respondents to implement the order.


5.            It is clear from the above that there is deliberate and willful disobedience of the order of the Hon’ble Tribunal which amounts to contempt of Court.

IV.     Nature of relief prayed for

(i)           to punish the Respondents for committing contempt of the order of this Hon’ble Tribunal dated 25.04.2012 made in O.A.No.144 of 2012  by not implementing the same and
(ii)          to pass such further or other orders as may be deemed fit and proper.

 V.      Previous Application if any    -   Nil

VI.     Documents and other copies are enclosed herewith.

VERIFICATION

          I, R. Chandramouli, III Floor, Periyar Maligai, 690, Anna Salai, Nandanam Chennai 600 035. K. Sudarsan, S/o. K. Gopalakrishnan, Working as Superintendent of Central Excise.\,III Floor, Annexe Building, Office of the Commissioner of Central Excise, Chennai1, 121, Nungambakkam High Road, Nungambakkam, Chennai 600 034. , do hereby solemnly and sincerely affirm and state that what is stated above is true to the best of my knowledge and belief.
                  
Dated at Chennai, this the       day of December , 2012.

APPLICANT.



APPLICATION UNDER SECTION 17 OF THE ADMINISTRATIVE TRIBUNALS’ ACT 1985

C.A No:                          of 2012
in
O.A No: 144 of 2011

1. The All India Association of Central Excise
Gazetted Executive Officers, Chennai Unit,
Represented by its General Secretary,
R. Chandramouli,
III Floor, Periyar Maligai,
690, Anna Salai, Nandanam
Chennai 600 035.   

2. K. Sudarsan,
S/o. K. Gopalakrishnan,
Working as Superintendent of Central Excise.,
III Floor, Annexe Building,
Office of the Commissioner of Central Excise, Chennai1,
121, Nungambakkam High Road,
Nungambakkam, Chennai 600 034.                                              … Applicant

-Versus-
The Chairman,
Central Board of Excise and Customs,
Ministry of Finance, North Block,
New Delhi 110 001.                                                                    … Respondents      

DRAFT CHARGE
          Central Administrative Tribunal Madras Bench hereby charges you Mr                 Chairman, Central Board of Excise and Customs, Ministry of Finance, North Block, New Delhi 110 001as under:                                                      
         
That you have failed to implement the order dated 25.04.2012 in OA 144  of 2012 and have not disposed of the representation made by the applicants on 20.10.2010 in accordance with rule and instructions within a period of 3 months and thereby committed contempt of this Hon’ble Tribunal punishable under Section 12 of the Contempt of Courts Act, 1971 Read with Section 17 of the Administrative Tribunals Act, 1985 then are ignorance.

          You are hereby directed to be tried by this Tribunal for the aforesaid charge.

          Signature of the Hon’ble Member/s

          The charge was read over and explained to the alleged contemner and his plea was recorded as under.
(1)  Do you plead guilty to the charges?
(2)  Do you have anything else to say?
Answer:
          Signature of the alleged contemner

                                                          Signature of the Hon’ble Member/s
                                                          Presiding over the Bench.

Dated at Chennai, this the     day of December, 2012

                  

                                      COUNSEL FOR APPLICANT


Mass resignation- News published in Indian Express on 25.01.13


Sunday 27 January 2013

No.35034/9/2010-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
Establishment (D)


North Block, New Delhi
Dated: 10th February, 2011
OFFICE MEMORANDUM


Subject: Review of Cadre structuring – Regarding
********


In pursuance of the decision taken in the 2nd meeting of the National Anomaly Committee held on 27.03.2010, a Joint Committee to examine the anomalies pertaining to the Modified Assured Career Progression Scheme (MACPS) was constituted vide Department of Personnel & Training (DOPT)’s O.M. No.11/1/2010-JCA dated 03.05.2010.

2. The issue of providing an option to organisations/cadres to have a choice for the benefits under the earlier ACPS or the MACPS was also discussed in the meeting of the Joint Committee. While the issue would require further deliberations, it is reiterated that MACPS (as was the case with the ACPS) is a fall back option in the event of promotions not taking place. Cadre structure needs to be reviewed periodically to harmonise the functional needs of the organisation and career progression of employees. Accordingly, all concerned are advised to review the cadre structure in a time bound manner with a view to mitigate problem of stagnation.

3. All Ministries/Departments may give wide circulation to the contents of this O.M. for guidance and appropriate action in the matter.

4. Hindi version will follow.

(Smita Kumar)
Director (Estt.I)


www.persmin.nic.in

Friday 25 January 2013

NEWS PUBLISHED IN TAXINDIAONLINE ARE REPRODUCED BELOW--
Central Excise Superintendents Threaten Mass Resignation

FRUSTRATED with the failure of the Government to consider their pleas for better promotions and pay structure, the Central Excise Superintendents All India Association has given a notice to the Finance Minister that they would observe a protest week from 25.02.13 to 01.03.13; that they would observe ‘work to rule' in relation to budget and revenue mobilisation works; that they would boycott Central Excise Day function on 24.02.13 and as a last step, all their members may submit mass resignations on 30.04.13.

It is not easy for the Government to sort out the issues as there are internal disputes among various cadres like appraisers, Customs Superintendents and Central Excise Superintendents and there are cases pending in several courts.

Thursday 24 January 2013

MEETING ON 31.01.13 WITH MEMBER(P&V)

From: Saurabh Kumar I.R.S. <saurabh.kumar82@nic.in>
To: ravimalik_sweet@yahoo.com
Sent: Thursday, 24 January 2013 6:31 PM
Subject: Meeting with Member (P&V)


 Dear Mr. Malik!
   Member (P&V), CBEC has convened a meeting with the representatives of the All India Association of Central Excise Gazetted Executive Officers on 31.01.2013 at 1030 hrs. Kindly make yourself comfortable to attend this meeting.
Thanks
Regards


Saurabh Kumar I.R.S.
OSD to Member (P&V) & Special Secretary,
Central Board of Excise & Customs,
Room No.-227A, North Block,
New Delhi. PIN- 110001.
Phone: +91-11-23095541
Mobile: +919811141705
Email: saurabh.kumar82@nic.in

Wednesday 23 January 2013

CENGO INDIA: MESSAGE FROM SHRI RAVI MALIK, SG OF AIACEGEO

CENGO INDIA: MESSAGE FROM SHRI RAVI MALIK, SG OF AIACEGEO: Dear friends, good morning. 1. Stagnation figures were asked by HRD from each Chief Commissioner vide letter dt. 01.01.13. Kolkata...

MESSAGE FROM SHRI RAVI MALIK, SG OF AIACEGEO

Dear friends,
good morning.
1. Stagnation figures were asked by HRD from each Chief Commissioner vide letter dt. 01.01.13. Kolkata, Cochin, Bangalore & Vadodara units are requested to pursue the sending of the same immediately as it is still awaited from these places. Cochin unit is also requested to pursue the same from Cochin Customs House.
2. All are requested to be well prepared for the agitational programme. Everywhere, the IB officers are contacting us regarding this having some queries particularly asking for loss of revenue due to our programme. We have to say that revenue would be affected badly because of our 'work to rule approach' regarding this, we would do no unofficial motivation work for revenue collection this time.
3. Regarding cadre restructuring, minutes of FM meeting/presentation have been sent to each CC vide letter dt. 14.01.13 asking reply to some queries. All the units are requested to kindly get the reply expedited.
4. Draft minutes of the Associate Committee meeting held on 02.12.12 are also attached herewith. If something is missing, kindly communicate within 5 days.
5. As reported by Chennai Unit, MACPS contempt petition impleading Chairman in r/o OA No. 144/12 came up in Chennai CAT yesterday on 22.01.13 and adjourned to 05.03.13 as CBEC has sought more time.
Love, Ravi.

FIRST NEWS ON MASS RESIGNATION


Tuesday 22 January 2013

CAT CASE ON MACP ANOMALY.

Shri R. Chandramouli, GS, AIACEGEO, Chennai has informed that "Contempt petition impleading Chairperson, CBEC in relation to OA. no 144/2012 in the case of MACP anomaly came up on 22.01.13 for hearing  at CAT Chennai. But CBEC wanted more time to file counter, hence the case is adjourned to 05.03.13.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                     Address for communication:                                Secretary General:
Lokanath Mishra                     240, Razapur, Ghaziabad-201001 (U.P                                       Ravi Malik
Mob. 09437314941                 mail Id: ravimalik_sweet@yahoo.com                         Mob. 09868816290
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C.S.Sharma (Mob. 09313885411)         Treasurer: N.R.Manda (Mob. 09871483585)
(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. 09/H/13                                                                                                          Dt.22.01.13
To,
Ms. Praveen Mahajan,
The Chairperson, CBEC,
North Block, New Delhi.
Sub: Transfer/posting of Association functionaries in Chandigarh Zone.
Madam,
Kindly refer to the following communications of the Association made to the administration-
i) Ref. No. 22/meet/12 Dt. 22.08.12,
ii) Ref. No. 27/meet/12 Dt. 10.09.12,
iii) Ref. No. 49/Assn/12 Dt. 28.09.12,
iv) Ref. No. 51/meet/12 Dt. 08.10.12,
v) Ref. No. 64/Assn/12 Dt. 29.10.12,
vi) Ref. No. 72/H/12 Dt. 05.11.12 etc.
2. It is further submitted with due regards that the duly elected Association functionaries of the Chandigarh Unit of this Association has been relieved on 08.01.13 for J&K Commissionerate from their present charge without any prior notice ignoring the orders of the Hon’ble CAT. The Hon’ble CAT had directed that the decision on their transfers is to be taken by the highest departmental authority.
3. It is an accepted fact that it is always the prerogative of the administration to transfer/relieve the officers as per the policy but the way of treating the Association functionaries representing the entire cadre as “stand relieved” and that too without any intimation is highly disappointing. The Association is of the firm opinion that the local administration of Chandigarh has done it intentionally to suppress the Association as well as whole staff-side. It appears that the concerted efforts of the Chandigarh Unit of the Association to take the grievances of the members to the highest level has not been liked by the Chandigarh administration, which has led to such kind of attitude towards the elected Association functionaries.    
4. This type of action of the administration has un-necessarily disturbed the whole cadre and compelled the concerned Association functionaries to knock the doors of the Hon’ble CAT. As a result, the Hon’ble CAT had been kind enough to grant stay against the unjustified transfer/relieving orders dated 08.01.13. On one hand, this Association was appealed by the worthy Member (P&V) in 02.11.12 meeting to ask the members not to go into litigations against the authorities; while on the other hand, the staffside is being forced to approach the legal courts by such high-handed, victimising and suppressing attitude of the administration. Not only it, all the officers once playing active role in the Association activities are being harassed and victimised by transferring them against the policy as a personal pleasure, e.g., S/Sh Gurdeep Singh, Rakesh  Bhargava, D.R.Bhagat, K.S.Nahar, R.S.Multani, Sh Anuj Sharma, Ashok Sharma, Behl, V.S. Sekhon, Pahuja, Dilbag Rai etc. The latest name in this endless series is Sh. Bagga who has been victimised even after the matter of other officers being brought to your kind knowledge and also submitted to the Member (P&V) in person on 02.11.12. It seems that the Chandigarh administration has no faith in the rule of law and only rule to be followed there is the highhandedness & personal pleasure by the administrative authorities. They give no importance to the employee grievance redressal mechanism. Staffside is being suppressed & suppressed despite of knowing that they are already suppressed for decades on account of lack of promotions, pay, working conditions, basic amenities, due facilities and everything. And despite of lacking everything to motivate, this already suppressed staffside  is  continuously giving  the best results by earning indirect taxes for the


government. It is requested that the administration should look into the redressal of staff grievances instead of suppressing them.
5. In view of the above, your goodself is very much requested to intervene into the matter to control the unruly situation in Chandigarh Zone and give justice to the staffside as well as the Association functionaries by withdrawing the transfer orders made against policy. The transfer of the Association functionaries to J&K will totally mar the staff welfare activities of the Association in the Chandigarh Zone.
Thanking you,       
Yours faithfully,


 (RAVI MALIK),
Secretary General.