It is very unfortunate that being a Central Government Department, the Central Board of Excise and Customs does not implement the guidelines of DOPT to grant promotions to the grade of Asst. Commissioner. OM No. 22011/9/98-Estt. (D) dated 08.09.1998 of DOPT(Govt. of India), interalia provides that “the DPCs should be convened at regular annual intervals to draw panels which could be utilized on making promotions against the vacancies occurring during the course of a year. For this purpose it is essential for the concerned appointing authorities to initiate action to fill up the existing as well as anticipated vacancies well in advance of the expiry of the previous panel by collecting relevant documents for placing before the DPC. DPCs could be convened every year if necessary on a fixed date. The Department should lay down a time schedule for holding DPCs under their control and after laying down such a schedule the same should be monitored by making one of their officers responsible for keeping a watch over the various cadre authorities to ensure that they are held regularly. Holding of DPC meetings need not be delayed or postponed on the ground that Recruitment Rules for a post are being reviewed / amended. A vacancy shall be filled in accordance with the Recruitment Rules in force on the date of vacancy. Very often, action for holding DPC meeting is initiated after a vacancy has arisen . This results in undue delay in the filling up of the vacancy causing dissatisfaction among those who are eligible for promotion. It may be ensured that regular meetings of DPC are held every year for each category of posts so that an approved select panel is available in advance for making promotions against vacancies arising over a year. No proposal for holding at DPC should be sent to UPSC until and unless all the ACRs complete and up to date are available . In certain cases involving collection of large number of ACRs, the proposal can be sent only if at least 90% of the ACRs are available”. The Central Board of Excise and Customs does not implement such OM to grant promotion to the grade of Assistant Commissioner. In several occasions DOPT has instructed that “all departments should take action to fill up the posts in good time before vacancies actually occur”. It has also been stipulated by DOPT that in case where there is unjustifiable delay, responsibility for the delay should be assigned and those responsible should be suitably dealt with. 2418 nos. of post of AC ( regular & temporary) have been created vide CBEC, F.NO.A.11019/08/2013-AD-IV dated 18.12.2013 but till date no proposal to conduct DPC has been submitted by CBEC to UPSC. First DG/HRD / CBEC asked for ACR grading instead of dossiers, there after ADG/SYSTEMS of CBEC asked for ACRs up to 203-14 within 10.01.2014 before completion of financial year with an intention to delay the DPC. Hence it proves that CBEC does not show any interest to grant promotions to Gr-B Gazetted officers of the department. Vide letter F.No. 8/B/106/HRD(HRM)/2013 dated 13.02.14 , the CBEC, directed all Chief Commissioners to conduct DPCs within 30.06.14 against the posts created in CR-2013 of CBEC. But very unfortunately CBEC has not submitted any proposals to fill up the posts of Asst. Commissioner (1) created in CR-2013 (2) vacancies accrued during the year 2013-2014 and (3) Vacancies to be occurred during 2014-15 on account of consequential vacancy on promotions and retirement etc. .
It is mentioned vide
para 6 of the CBEC, F.NoA.11019/08/2013-Ad.IV dated 18.12. 2013 that-"
Pending notification of revised recruitment rules, wherever required the newly
created/re-designated posts will be filled up on the basis of the extant
Guidelines for Recruitment Rules, issued by the Department of Personnel &
Training". As per para 4 of the said circular the temporary posts will be
filled up only on promotion from the feeder grades specified in the India
Revenue Service (Customs & Central Excise) Recruitment Rules, 2012 . Regulation 4 to UPSC ( EFC) Regulations interalia
provides that it is not necessary to consult the UPSC in regard to the
selection for a temporary post if the person
appointed is not likely to hold the post for a period of more than one
year provided such an appointment should be reported to UPSC as soon as it is
made, if the appointment continues beyond a period of six months, a fresh
estimate as to the period for which the person appointed is likely to hold the
post should be made and reported to the UPSC , and if such estimate indicates
that the person appointed is likely to hold the post for a period of more than
one year from the date of appointment , the UPSC should immediately be consulted
in regard to the filling of the post. GI.MHA.OM. NO 23/27/68- ESST(R) dated
26.12.68 read with DOPT.OM NO.23/51/71- ESST(B) dated 25.09.72 interalia
provides that there is no provision for approval by UPSC for any appointment
initially made without consulting them . The objective behind reporting of
adhoc appointments to UPSC under regulation 4 is not to secure their
concurrence to continuance of adhoc appointment beyond one year but to enable
the UPSC to discharge their Constitutional responsibility to bring to the
notice of Parliament. As per such provision it is required on the part of the
CBEC to conduct DPC to grant adhoc promotions for a period of six months against such newly
created temporary posts of Asst. Commissioner without referring the matter to
UPSC to conduct DPC. As per DOPT instructions adhoc promotions must be made for
six months only. But it is learnt that despite such provisions, UPSC has imposed a
restriction on CBEC and directed CBEC for not
to conduct any DPC to grant adhoc
promotions for six months in the grade
of Asst. Commissioner without involving UPSC. Because of such restriction, no
DPC has been conducted by CBEC to grant adhoc promotions in the grade of Asst.
Commissioner for six months without involving UPSC. It is essential that CBEC should approach UPSC for one time relaxation( to remove the restriction
imposed by them ) to allow CBEC to conduct DPC without involving UPSC to
grant adhoc promotions in the grade of AC,
on the grounds that (1) 2118 , temporary
posts of Asst. Commissioner have been created for the first time,(2)
only adhoc promotions for six months shall be granted against such posts involving
collection of large number of ACRs (3)
more than 100 Superintendents are retiring service on each and every month on
completion/putting of 35 to 37 years of
service in Gr-B without getting promotion to Gr-A and (4) If large number of posts
will not be filled up, in the grade of AC/DC for a long period that will be
caused an adversely affect to the revenue collections and result in tardy Tax
Payer Service also. Each and every month more than 100 nos. of Superintendents are retiring from
service without getting promotion to Gr-A after completing/putting 35 to 37 years of service in Gr-B. If large number of posts
will not be filled up, in the grade of AC/DC for a long period that will be
caused an adversely affect to the revenue collections and result in tardy Tax
Payer Service and that will have an adverse impact on the economy of the
country. The
Indian economy is currently in bad shape; hence collection of more revenue is
at present highly essential. Vide letters Ref. No.
34/P/14 Dt. 10.02.14 & Ref No. 47/P/14 dated 26.02.14, (both the copies have been posted below)AIACEGEO
has already requested the Chairperson to conduct immediate DPC, but till date
no action has been initiated so far by CBEC to conduct early DPC.
Nearly Ten thousands Central Excise
Superintendents took part in the Satyagrah during lunch hours on 12th &
13th February, 2014 on the call of the All India Association of Central Excise
Gazetted Executive Officers. The Satyagrah was mainly to protest against the delay in conducting DPC
by CBEC for the posts of Asst. Commissioner against existing vacancies as well
as posts created in CR-2013 of CBEC, non implementation of CR-2013 of CBEC
immediately, merger of 50% DA, sanction of interim relief, effect of 7th CPC
from 01.01.2014 etc. etc. Again all the Central Excise Superintendents have
participated in the Satyagrah throughout the country on 24th February,
2014 on the call of the All India Association of Central Excise Gazetted
Executive Officers. In accordance with such Satyagrah’s programme, all the
Central Excise Cadre Controlling Authorities under CBEC posted throughout the
country have been presented roses along with a written
presentation on 24.02.2014 (Central Excise Day) .
The
AIACEGEO may strive to continue its
agitational programme and its members may start to conduct Satyagrah through out the
country in front of the residences of Finance Minister, Members and Chairman of
CBEC, Revenue Secretary, and some senior officials of Customs and Central
Excise department such as the Commissioner ,Chief Commissioner, Addl.
Director General and Director General etc., if all demands raised by
AIACEGEO are being settled and if the DPC will not be conducted immediately to grant adhoc promotions in the grade of
Asst. Commissioner against the posts (1) created in CR-2013
(2) vacancies accrued during the year 2013-2014 and (3) Vacancies to be occurred during 2014-15 on
account of consequential vacancy on promotions and retirement etc.
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
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. 34/P/14
Dt. 10.02.14
To,
Ms. J.
M. Shantisundharam,
The
Chairperson, CBEC,
North
Block, New Delhi.
Sub: Promotions to the post of Asstt. Commissioner
in r/o cadre restructuring.
Madam,
As your goodself
knows, it is submitted with due regards that the DPC
for promotion to the post of Asstt. Commissioner against 277+2118 posts is
already on the cards.
2. It is further submitted that our around 100 group B gazetted officers are retiring every month
throughout India without second promotion in the career. Till date, only 1% of
Central Excise executive officers are being able to get the second promotion at
the fag end of the career. Keeping in view the mass level monthly retirements
of these officers, the early steps were required to be taken for expediting the
conduction of DPC against the posts created under cadre restructuring. As a
result, the relevant list of the concerned officers was forwarded to all of the
Cadre Controlling Authorities by the DG, HRD very well in advance sometimes in
August or September, 2013 to keep the records ready and send the same timely to
the concerned authority on being asked. But the requisite records are still awaited
from the field authorities. Due to this, the promotions of the thousands of
officers are being delayed.
3. Moreover, 2118 posts of Asstt.
Commissioner have been created on temporary basis only for a limited period of
5 years in the cadre restructuring. Even a little delay in the filling-up of
these posts is detrimental to the interest of the thousands of acutely
stagnated officers retiring regularly without promotion. The delay will
proportionately lessen the benefit of promotion to these extraordinarily
stagnated officers as the promotional benefit will be reduced from 5 years by
the period of delay. Around 2 months are just to pass after the notification of
cadre restructuring but the said DPC is still awaited despite of the process
being started well in advance in the month of August or September, 2013 through
the above mentioned letter of DG, HRD.
4. In view of the above, it is very much
requested that a communication may kindly be sent to the UPSC seeking a date
for DPC for the said promotions with a clause of providing the requisite
records to them certainly very well before the date of DPC. An immediate
response is very much requested particularly keeping in view the limit of 5
years in r/o temporary posts and mass level monthly retirements of the
officers.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
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
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. 47/P/14
Dt. 26.02.14
To,
Ms. J.
M. Shantisundharam,
The
Chairperson, CBEC,
North
Block, New Delhi.
Sub: Holding
of the due DPC’s for the post of Asstt. Commissioner.
Madam,
Kindly refer to your letter F.No.
8/B/106/HRD(HRM)/2013 Dt. 13.02.14 directing all Chief Commissioners to ensure
the conduct of DPC’s by 30.06.14.
2. It is brought to your kind notice that the DPC’s
not only regarding the cadre restructuring but also for the model calendar
years 2012-13, 2013-14 and 2014-15 are pending. The DPC for the calendar year
2012-13 is going to be held on 06.03.14 but no process has been initiated for
the DPC for the calendar years 2013-14 and 2014-15.
3. As per DOPT OM No. 22011/9/98-Estt (D) Dt. 08.09.98
reiterated in OM No. 22011/1/2011-Estt (D) Dt. 11.03.11 and 22011/1/2011-Estt
(D) Dt. 13.12.13, the DPC is to be held at least two months before the
commencement of the vacancy year (4 months where ACC approval is required) and
UPSC is to be informed before 6 months of vacancy year. So, the DPC was to be
held in January 2013 and 2014 for the vacancy years 2013-14 and 2014-15 based
on ACR’s/APAR’s upto 2011-12 and 2012-13 respectively. It is further submitted
that not holding timely DPC for promotion is the violation of fundamental right
and must be considered dereliction & negligence of duty on the part of the
officers of the concerned sections as per the verdict given by the Hon’ble Supreme
Court.
4. In view of the above, it is requested that the
immediate & serious steps may kindly be taken to conduct the DPC for the
post of Asstt. Commissioner for the model years 2013-14 and 2014-15 including
the posts relating to the cadre restructuring with due implementation of the
DOPT provisions of extended panel in lieu of retirement etc.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
