" 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.

Friday 31 May 2013

CORRUPTION CASES

 The Supreme Court has said that in corruption cases involving public servants, the courts should guard against hyper-technical contentions and decide the issues with promptness, shunning the attempt to drag the cases.
Urging the courts to be prompt and guard against hyper-technical contention, the court said: "It should be borne in mind that historically corruption is a disquiet disease for healthy governance. It has the potentiality to stifle the progress of a civilised society. It ushers in an atmosphere of distrust."
"Corruption fundamentally is perversion and infectious and an individual perversity can become a social evil," the court said.
"We have said so as we are of the convinced view that in these kind of matters there has to be reflection of promptitude, abhorrence for procrastination, real understanding of the law and to further remain alive to differentiate between hyper-technical contentions and the acceptable legal proponements," said the apex court bench of Justice B.S. Chauhan and Justice Dipak Misra Tuesday.
"It is the duty of the court that the matters are appropriately dealt with on proper understanding of law of the land. Minor irregularities or technicalities are not to be given Everestine status," said Justice Dipak Misra who authored the judgment.
"The flimsy technicalities cannot be allowed to become tools in the hands of an accused," the court said.
The court said this while setting aside a Bombay High Court order refusing to grant leave to the CBI to file appeal against a trial court order which acquitted accused Mahesh G. Jain in a case of accepting an illegal gratification of Rs.1,000 from the complainant for giving a tax deduction at source certificate to a man who was supplying vehicles to State Bank of India on hire.
The trial judge while adverting to all the issues and answering all of them in affirmative against the accused, acquitted him solely on the ground that the sanction order (by the sanctioning authority) was defective and illegal and that went to the very root of jurisdiction of the court.
The apex court also set aside the conclusion of the trial court judge pertaining to the validity of sanction.
Remitting the matter to the high court, the apex court said" "True it is, grant of sanction is a sacrosanct and sacred act and is intended to provide a safeguard to the public servant against vexatious litigation but simultaneously when there is an order of sanction by the competent authority indicating application of mind, the same should not be lightly dealt with."
Having cautioned the courts below to guard against flimsy technicalities, the court said: "At this stage, we think it apposite to state that while sanctity attached to an order of sanction should never be forgotten but simultaneously the rampant corruption in society has to be kept in view."
It has come to the notice of this Court, the judgment said: "How adjournments are sought in a maladroit manner to linger the trial and how at every stage ingenious efforts are made to assail every interim order."
The court said that in the factual matrix of the case: "We must say without any iota of hesitation that the approach of the learned trial judge as well as that of the learned single judge is wholly incorrect and does not deserve acceptance."

Thursday 30 May 2013

MESSAGE FROM RAVI MALIK SECRETARY GENERAL AIACEGEO

Subject: CR
From: Ravi Malik <ravimalik_sweet@yahoo.com> 
Dear friends,
good evening.
It is being listened that CR has been cleared by the Expenditure and sent to CBEC. Now, it is expected that the COS note would be sent by the CBEC very soon. Our Association is already on the job and pursuing the matter.  
Love,
Ravi.

Tuesday 28 May 2013



ALL INDIA ASSOCIATION OF
CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS


 “JAIPUR TO PATNA”

A HAND-OUT
ON THE OCCASION OF
ASSOCIATE COMMITTEE MEETING BEING HELD AT PATNA
ON 25.05.13 TO 26.05.13




         PRESIDENT:                              SECRETARY GENERAL:
    LOKANATH MISHRA                               RAVI MALIK
        Mob. 09437314941                                Mob. 09868816290



“OUR UNITY ZINDABAD”
“LONG LIVE OUR ASSOCIATION”
















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




Treasurer: N. R. Manda












“OUR UNITY ZINDABAD”
“LONG LIVE OUR ASSOCIATION”
Dear friends,
First of all, we all are thankful to our Patna Unit on behalf of the All India Association of Central Excise Gazetted Executive Officers for convening this Associate Committee Meeting of the Association. All of the delegates come from all over the country to attend the meeting are very heartedly welcomed. Very hopefully, this meeting would further strengthen our solidarity and unity giving all of us one more opportunity to interact with each other in the common interest of the cadre. Our united efforts are the only key for our success to achieve our goals.
            Despite of the fact that everything has already been communicated through the electronic mails, the forthcoming paras are just a brief of the actions of our Association covering the period from Jaipur to Patna. These paras reflect the efforts made by the present body after coming into existence at Jaipur. Full credit goes to the Committee and all members of the Association regarding collective efforts made by them in the common interest of the cadre during the journey from Jaipur to Patna. An Association can never function properly, if there is not a proper rapport and tuning among all the office bearers & members including the President and Secretary General. All of them gave their full support to the All India Body and co­operated in each and every matter working like a cohesive unit from Jaipur to Patna. Whatever happened during this period, it was never possible without the cooperation, contribution & commitment of all of them. All of them are thanked for their roles in the common interest of the cadre and giving constructive suggestions as and when required.
            All the issues were taken up at the various levels including HRD, the Member and Chairperson of the Board, Revenue Secretary, DOPT Secretary, MOS of Finance, MOS of Expenditure, MOS of DOPT, Minister of Finance, Public Accounts Committee, Prime Minister etc. also having various meetings with many of them and submitting the representations in person.
1) The issue of the stagnation/cadre restructuring is being taken up continuously at the various levels. It is very unfortunate that the most of our officers are retiring on a post in PB2 after joining the job in PB2 itself while our common entry counterparts are easily retiring in PB4 with a grade pay of Rs. 8700/- or even 10000/- (grade of ADC/Director or Commissioner/Joint Secretary). The cadre restructuring is being hectically pursued and the new strength at AC/DC level has been raised to 4418 in place of 1550. The same has been cleared by the Hon’ble FM and is presently with the Department of Expenditure. After it, it will go to the COS/GOM and then finally for Cabinet approval. As a result, around 2450 (i.e., 81% of total vacancies in the ratio of 13:2:1 as per the new rules) of our Central Excise Superintendents are expected to enter group ‘A’. It has also been proposed that the direct recruitment of IRS will be limited to maximum 150 for coming 5 years and rest of the vacancies being vacant against the retirements will be filled up by promotee officers only. We, however, require more on account of our prolonged & acute stagnation but it shall also be a great achievement to get our around 2450 officers entered into group ‘A’ and keeping reserved a substantial number of vacancies for promote officers for 5 years which never happened in the history.
            2) The efforts are being made to get the Supreme Court verdict implemented in its true spirit abiding all the ad hoc promotions with the new rules. The CBEC changed the ratio of 6:1:2 to 13:2:1 for entry to group ‘A’ from group ‘B’ instead of bringing the parity in promotions of common entry counterparts as also committed by them during the presentation of cadre restructuring proposal made on 18.01.11 saying that a proposal to bring all the Inspectors, PO’s & Examiners is already under examination. No doubt that the Apex court said in the contempt verdict that they never said to implement the new RR’s retrospectively but it is also true that they very well said to abide all the ad hoc promotions with new rules.
3) The issue of the parity with the common entry counterparts is also being taken up administratively. We have been granted parity in promotions neither with our counterparts of CBDT nor with CSS or even with the Examiners of Customs while group ‘A’ IRS officers got the parity with their counterparts of CBDT in the last restructuring and proposed with other better placed group ‘A’ cadres in the ongoing one. Our common entry counterparts of CSS, CBDT etc. are already reaching the level of the grade pay of Rs. 10000/- while we are retiring merely in a grade pay of Rs. 5400/-. 
4) A petition has already been filed in the Principal Bench of CAT seeking parity with the Examiners, our intra-organisational common entry counterparts, who are reaching the level of Additional Commissioner. The Examiners of 1992 batch have already entered the group ‘A’ while our officers of 1975 batch are still waiting to enter group ‘A’. The CBEC also reflected the issue in the minutes of the Board meetings held on 12.01.11 and 18.02.11 also directing the HRD wing to formulate the device in the matter. The same thing was presented by the CBEC during the course of presentation of the cadre restructuring on 18.01.11 saying that a proposal to bring all the Inspectors, PO’s & Examiners to the same level of promotion is under examination. The Inspectors, PO’s & Examiners are mentioned as the Inspector only in the RR’s. The Inspector of Central Excise has been mentioned as the Inspector of Land Customs also in the RR’s. The government has filed its reply in the case which was circulated to all.  
5) The matter of the arrears of pay is also being taken up with the authorities. The Expenditure has asked the comments from the DFA on the issue which is now with the CBEC. The efforts are being made to get it recommended to the nodal department. Two legal cases have already been filed in the Cuttack CAT on the issue with the help of our Bhubaneswar Unit, one for the arrears for Inspectors since 1986 (also benefitting the Superintendents who have been working as Inspectors at the relevant time) and another for Superintendents. One more case relating to the arrears of pay for Inspectors is already being pursued in the Jabalpur High Court with the help of our Bhopal Unit. It will also benefit the Superintendents promoted from the post of Inspector during the relevant time. Recently, an advocate was visited and consulted on the issue. Relevant papers have been handed over to him and some more papers are being supplied. He has opined that our Association should also intervene into the matter by the way of filing intervention petition.
6) The matter of the offsetting of MACP upgradation with time scale is being taken up with the authorities. As per the legal opinion, a legal case is also being prepared by the advocate to be filed in the Principal Bench of CAT.
7) In the legal case for time scale in PB3 for our Superintendents already filed in the Principal Bench of CAT, the government is yet to file the reply. Now, the case has been posted for the month of August, 13. The matter is also being pursued administratively.   
8) The matter for next promotion directly to STS instead of JTS for our Superintendents is also being pursued. The group ‘B’ gazetted officers are being promoted to a senior group ‘A’ post in many of the other departments of Central as well as State Governments. The issue has already been discussed with the DOPT Secretary also.   
9) The matter of the proper implementation of the MACPS for giving actual benefit to our officers is being taken up. It is very unfortunate that our officers are to get a grade pay of Rs. 5400/- after 30 years of service under MACPS while they were able to get the same only after 24 years of service under ACPS. Actually, we should get MACP upgradations at least in the grade pay of Rs. 6,600/- after 20 years and Rs. 7,600/- after 30 years. The government was ordered to dispose of our representations within the directed period by the Chennai CAT. As a result, they have rejected our representations instead of giving us any relief as usual. As per the legal advice taken, we shall have to challenge the matter filing separate petitions on every issue relating to MACPS including offset with time scale, para 8.1 of the MACPS instructions etc.
10) The matter of the higher pay scale is also being taken up. CBEC has again recommended our case to Expenditure for the implementation of para 7.15.24 of 6th CPC. A legal case has already been filed on the issue in the Cuttack CAT with the help of our Bhubaneswar Unit demanding an initial grade pay of Rs. 5400/- in PB3 for our Superintendents at par with the counterparts of IB, CBI etc. It is astonishing that the difference between the grade pay at the level of supervised post of Inspector and supervisory post of Superintendent is merely of Rs. 200/- while it is at least 5 times of it at the other levels. There is an extraordinary rise from the level of PB3 to PB4 for group ‘A’ officers in a very discriminating manner ignoring other categories of the officers which is also worth to be challenged in a legal court.
11) The renewal of the recognition of our Association has already been done for further 5 years as already communicated to all. 
12) The matter of the promotions against the existing vacancies of Asstt. Commissioner is also being taken up with the CBEC as well as UPSC. But the UPSC is not agreeing for further ad hoc promotions. Even the promotion orders against the DPC already held for the post of Commissioner are not being issued because UPSC has written to the DOPT not to approve any ad hoc promotion further before the regularization of years long ad hocism in promotions by CBEC.
13) The issue of independent HRD for us like CBDT is also being taken up. It will make us free from the clutches of CSS staff who are least interested to address or resolve any of our issues. If we are able to have independent HRD, our works will be done by our own officers working there. 
14) The use of extended panel to grant promotions is also being taken up to benefit the in-service officers in lieu of the retired officers considered for DPC.  
15) The grant of Non Functional Financial Upgradation (NFFU) to our officers at par with the counterparts of CSS is also being taken up.  
16) The issue of delay in vigilance/disciplinary cases has also been taken up to observe the prescribed time-frame in vigilance/disciplinary matters. The issue has been agreed and the concerned section/authority has been directed to do the needful.
17) The issue for creating a separate service on the lines of CSS for our cadre has also been taken up. It has already been agreed by the Board on more than one occasions but they don’t seem to be serious enough despite of the same being recommended by them to 6th CPC as one of the measures to remove our stagnation. It is, however, worth to mention that it is the only measure to remove our stagnation in the true sense as also discussed with the DOPT authorities. It was also agreed by the CBEC during the course of presentation of cadre restructuring proposal.
18) The issue of the harassment to the members as well as office bearers of the units has also been taken up. The top administration has assured that no harassment would be done by any authority to any officer. If anything such happens, it was asked to bring the specific examples to the knowledge of the administration.
19) The issue of the irregularities in transfer & postings including the transfer of the office bearers and individuals in various Commissionerates/Zones has also been taken up with the different authorities at various levels from local to Central. The Association was assured that no irregularities would be made in the transfer & postings and the prescribed policy would be followed with total transparency & fairness. However, a few local authorities are having their own ideology on the issue.
20) The issue of the stepping up of the pay of the seniors in case of getting less pay than juniors under ACPS/MACPS is also been taken up and again got recommended to the DOPT. The DOPT is adamant on the issue saying that the benefit would only be granted to the applicant in r/o legal cases even after being stamped by the Apex Court. The issue will benefit particularly to our promotee officers. The matter is also being taken up in the light of the latest judgement in the OA No. 3409/11 by the Principal Bench of the Hon’ble CAT saying that the benefit of an order finally decided upto the level of the Hon’ble Supreme Court should also be applicable on the other equally placed employees without requiring them to approach the legal courts. Many other legal courts including the Supreme Court have also given such type of verdicts (res judicata) in many cases.
21) The issue of creating statutory provisions for wearing the uniform is also being taken up. There exist no statutory provisions to wear the uniform and this has been forced on us only as a matter of practice as per the verdict given by CIC. There are, however, also some formations where the wearing of the uniform can’t be undone. The CBEC has agreed to formulate the statutory provisions for it.   
22) The issue of promoting all the Superintendents who have completed 1.5 times of qualifying service is also being taken up on the lines of CSS where all the SO’s completing 1.5 times of qualifying service required for promotion were promoted to the post of US (equivalent to our DC) in 1999.
23) Various Satyagraha/agitational programmes were observed and also deferred as per the situation & circumstances to press the demands relating to the common interest of the cadre. We all, however, have to understand the importance of such programmes. These are the actual tools to achieve our aims, if observed effectively with completeness. Such programmes are never made successful merely by issuing the circulars or posters. Hectic efforts are to be made by making personal contacts with members, sending SMS’s & e-mails to every member, telephoning them, having meetings at every office and going to their residences etc. to actually observe the programmes. The formal or weak approach in such matters never gives the result. We have to observe such programmes in totally strong manner without being afraid of Conduct Rules. This is the only way to resolve our issues in the least time and in the most effective manner.
24) The issue of the allotment of the fire arms on sale basis is also being taken up. The issue has been agreed by the administration and the concerned section/authority was directed to do the needful.
25) The issue of the role of Inspector & other irregularities in ACES is also being taken up. They have agreed to make the necessary changes in the software of the system and the work is already under progress as informed by them.
26) The issue of the allotment of the centralised GPF account is also being taken up and the Board agreed to it. It has been informed that it would be made centralized soon.  
27) The issue of the counting of the regular service from 1st July of the year following the year of the Examination in respect of the direct recruits and from 1st July of the select year in respect of the promotee officers is also being taken up. The Board has agreed to it and the concerned section/authority was directed to do the needful.   
28) The issue of posting of Association functionaries not to transfer them to outstations in field formations has also been raised upto the level of DOPT but it seems that the authorities believe to use only their personal pleasure in the matter.  
29) The issue of the regularization of all adhoc promotions is also being taken up. They have started the work and seeking the date for DPC from the UPSC. As per UPSC, no further promotions will be materialized till regularization work is completed.
30) The issue of futile & overburdening reports by Range Offices has also been raised. Almost 84 types of reports are being processed & complied at the Range level. They have agreed to take necessary measures in the matter.
            31) Two Associate Committee meetings were also held at Delhi after Jaipur Convention, the minutes/decisions of the same have already been circulated.  
32) The issue of the special pay of audit has also been taken up which was stopped all of a sudden without any reason.
33) In-situ promotion scheme is also being taken up totally independent of cadre restructuring.
34) The matter of the improvement in the working conditions including the prescribed sitting space, proper office, entitled amenities and other basic facilities is also being taken up. The central administration is in complete agreement to the matter asking the Association for the specific instances relating to the concerned zone through the local units, so that the concerned Chief Commissioner may be asked to take the necessary steps accordingly. 
35) The undoing of the delegation of powers to SSB officials has also been taken up. The Board is willing to impart training to the SSB officials under Customs Act, 1962 especially under Sec-100 to Sec-110. It has been told to the Board that the work of the other agencies should be limited to their function only without trespassing the powers of Customs officers.
36) The issue of the uniform minimum qualifying service for promotion from all of three non-gazetted executive grades to gazetted executive grade and creating unified cadres at these levels is also being taken up. The Board has already agreed to undo the discrimination in the matter of qualifying service.
37) The issue of the grant of reward to the officers working in audit branches at par with anti-evasion/preventive branches has also been taken up. The Board has agreed to the matter and asked the concerned authority/section to do the needful. 
38) The issue to strengthen the employee grievances redressal mechanism was taken up and the last meeting under the Chairpersonship of Member (P&V) was held on 31.01.13. The minutes of the said meeting have already been circulated. The due circulars have also been issued to the field formations to hold the meetings with the staff Associations.
39) The issue of upgradation of the Superintendents already drawing the grade pay of Rs. 5400/- to the post of Asstt. Commissioner is also being taken up independent of cadre restructuring on account of being expenditure neutral. Further, the promotion from AC to DC being actually a time scale instead of functional promotion, it is also being taken up that all the Superintendents drawing a grade pay of Rs. 5400/- for 4 or more years may be upgraded as DC.  
40) The issue of the review of adjudication power of the Superintendent has also been taken up seeking the powers of refund and rebate etc. instead of merely using them to dispose of pendency in adjudications relating to petty matters. The administration agreed to the issue and asked the concerned authority/section to do the needful.  
41) The issue of not treating the promotion of UDC to Inspector as the actual promotion based on the precedent of UDC to DOS promotion for the purpose of ACP/MACP benefit has also been taken up. The Board has agreed to it and asked the concerned authority/section to do the needful. This will benefit our promotee officers a lot.  
42) The issues of the free annual medical health check-ups and authorisation of premier private hospitals for medical care & treatment in premier private hospitals have also been taken up. The Board agreed to these and the same are under process in HRD.
43) The issue of parity between the officers of headquarters organisations & field offices has also been taken up including in r/o promotions, time scale, working conditions, direct promotion to STS post, counting of regular service, other career prospects etc. The Member (P&V) has asked the concerned section/authority to examine the issue.  
44) The issue of at least four functional promotions in the service career is also being taken up as other common entry counterparts of ours in CSS, Income Tax, Customs etc. are already getting 5 to 6 promotions while we are retiring after getting only single promotion in the service career of 35-40 years. It is worth to mention that the promotions from AC to DC and JC to ADC are not the functional ones. The due submissions as asked again have been made on the issue.  
45) RTI Act is also being used to get information on various issues. The applications have already been filed in the CIC on many issues because of the required information not being provided. 
46) All the units are also requested to clear the subscription dues and also donate the maximum funds to the Association to be used for the various purposes. We should not forget that the funds are very important & vital to get the desired results. We should not be failed in our efforts at least for the want of funds. All the units are also requested to update their mail-Id’s, addresses & contact numbers also because new bodies have come into existence at many places.
47) The all India zonal office bearers are also requested to hold the regional/zonal committee meetings at early dates.
In the last, all of the delegates attending the meeting are thanked. It is also worth to mention that all the actions and activities of the Association became possible only by the cooperation and support given by all the units, all the office bearers including the regional/zonal ones and each & every member of the Association throughout the country.
            With all of my loves & regards,


Patna,                                                                                                            (RAVI MALIK),
25th May, 2013                                                                                         Secretary General.


“OUR UNITY ZINDABAD”
“LONG LIVE OUR ASSOCIATION”


“UNITED, WE STAND,
DIVIDED, WE FALL”

-THANK YOU-




DETAILS OF SUBSCRIPTION DUES IN RESPECT OF UNITS OF AIACEGEO
Kindly deposit the dues in Syndicate Bank, C R Building, New Delhi  (A/c No.- 90672010069746 in favour of AIACEGEO)
SI. No.
Name of the Unit
No of officers
dues  upto 31.03.2012
Dues for                   2012-13
Total dues upto 31.03.2013
Remarks
1
Aurangabad
100
0
6000
6000

2
Ahamedabad
468
21060
28080
49140

3
Allahabad
218

13080
13080

4
Bangalore (Karnataka)
711
123700
42660
166360

5
Bhopal
110
31700
6600
38300

6
Bhubaneswar
191
0
11460
11460

7
Chandigarh
410
107700
24600
132300

8
Chennai
616
0
36960
36960

9
Cochin
429
0
25740
25740

10
Coimbatore
151
24880
9060
33940

11
Daman- Vapi
177
0
10620
10620

12
Delhi
1023
0
0
0

13
Goa
43
6205
2580
8785

14
Guntur
93
0
5580
5580

15
Hyderabad
377
55900
22620
78520

16
Indore
121
0
7260
7260

17
Jaipur
275
0
0
0

18
Kandla
78
0.00
4680
4680

19
Kanpur
118
28320
7080
35400

20
 Kolkata
1184
0
71040
71040

21
Lucknow
129
0
7740
7740

22
Madurai
195
50760
11700
62460

23
Meerut
394
0
23640
23640

24
Mumbai
1014
114360
60840
175200

25
Nagpur
112
16500
6720
23220

26
Nasik
97

5820
5820

27
Patna-Ranchi-Jamshedpur
371
0
22260
22260

28
Pune
353
0
21180
21180

29
Rajkot
291
64280
17460
81740

30
Raipur
98
0
0
0

31
Shillong
326
0
0
0

32
Surat
179
59800
10740
70540

33
Trichy
312

18720
18720

34
Tirunelveli
94
31600
5640
37240

35
Tirupati
82
21000
4920
25920

36
Vadodara
196
8140
11760
19900

37
Vizag
161
46100
9660
55760


Total

8,12,005
5,74,500
13,86,505

                                              Details of Pending/additional donation are as under:-
S.No.
Unit
Amt. promissed
Amt. paid
Amt. balance
 During 2012-13                                      Addl. Donation by  
Remarks
1
Bangalore (Karnataka)
1.00-1.50 Lacs
50,000
1,00,000
Delhi- 30,000

2
Coimbatore
25,000
10,000
15,000
Jaipur-15,000

3
Kanpur
Maximum
Nil
Maximum
Raipur-15,000

4
Patna-Ranchi (PRJ)
25,000
Nil
25,000


5
Trichy
25,000
Nil
25,000


6
Tirupati
25,000
Nil
25,000


All the units are requested to clear their dues as per the sanctioned strength irrespective of the number of the subscribers and also without asking for any waiver as per the decision taken in Associate Committee meeting of 02.12.12 remembering that it is our own Association and only we have to subscribe/donate to make it stronger as these funds are to be utilized for us only.

-BY N. R. MANDA, TREASURER OF ASSOCIATION.