Sunday, 4 October 2015
MINUTES OF THE INTER-MINISTERIAL MEETING HELD ON 20th AUGUST, 2015 AT 6 PM IN THE CHAMBER OF REVENUE SECRETARY REGARDING BENEFIT OF RESERVATION IN PROMOTION TO THE POST OF ASSISTANT COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE ON AD-HOC BASIS FOR THE VACANCY YEAR 2013-14.
F. No C-SO/60/201S-Ad-II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
Meetings of the Hon'ble Parliamentary Committee on Welfare of SCs/STs were held with the Officers of Department of Revenue / CBEC on 16.07.2015 and 12.08.2015 regarding reservation in promotion of SCs and STs in the Central Board of Excise and Customs (CBEC). While informing the position regarding the status of appointment in various grades under CBEC in general, the Hon'ble Parliamentary Committee was informed about the factual position and background relating to the promotions to the grade of Assistant Commissioner of Customs and Central Excise on ad-hoc basis vide orders dated 22.10.2014 and 30.06.2015 for the vacancy year 2013-14, based on the recommendations of the DPC held in CBEC on 17 to 20th October 2014 and the review DPC held on 3rd to 8th June, 2015.
2. The interim order dated 03.09.2014 of the Hon’ble CAT Chandigarh in O.A.No.060/00770/2014 filed by Shri Rajesh Rai, Superintendent of Central Excise, Chandigarh Zone had restrained the respondents (Department of Revenue / CBEC / UPSC / DoPT) from extending the benefit of reservation in further promotions until the exercise mandated by the Hon'ble Supreme Court in the case of M. Nagaraj is undertaken by them.
3. The Hon’ble Chairman and the Members of the Parliamentary Committee on Welfare of SCs/STs had expressed their concern on the stand taken by the Department of Revenue in pursuance of the Hon’ble CAT, Chandigarh’s interim Order dated 03.09.2014 and desired that the issue be resolved at an early date Revenue .secretary while appearing before the Hon’ble Parliamentary Committee on 12.08.2015 informed that he proposed to hold a joint meeting with Secretary, DoPT and Secretary, Department of Legal Affairs to resolve the issue.
4. A meeting was accordingly held on 20th August, 2015 in the chamber of Revenue Secretary on the subject matter. Shri P.K. Malhotra, Secretary, Department of Legal Affairs and Ms Archana Varma, Joint Secretary representing DoPT attended the meeting. Shri Najib Shah, Chairman, CBEC, Ms Vanaja Sarna, Member (P&V), CBEC, Shri Sudhir Kumar, Joint Secretary (Ad-EC), CBEC and Shri Balesh Kumar, ADG (HRM), CBEC were also present.
5. After detailed discussions, on the issue of applicability of the Interim Order dated 03.09.2014 of the Hon’ble CAT, Chandigarh Bench on jurisdictional basis or All India basis, Secretary, Department of Legal Affairs opined that the said interim order dated 03.09.2014 is applicable on all India basis as the promotion to the grade of Assistant Commissioner of Customs and Central Excise is made based on an All India Seniority List of the feeder grades and the order is based on the judgement of the Hon'ble Apex Court in M. Nagaraj case. He also stated that the interim order dated 03.09.2014 needs to be followed by the Respondents to avoid contempt of court proceedings, the restraint is lifted by the Hon’ble Tribunal or stayed by a higher Court. Till such time, compliance with the said order dated 03.09.2014 will, however, be subject to the final outcome of the case. The above position was agreed to by all participants in the meeting.
6. It was informed by the representative of DoPT that the issues emanating from the Hon’ble Supreme Court judgment dated 19.10.2006 in M Nagaraj case is under submission to the competent authority for a decision on the implementation of the judgement of Hon'ble Supreme Court.
7. Keeping in view the urgency expressed by the Hon'ble Chairman and Members of the Parliamentary Committee for resolving the issue and considering the next date of hearing in the case filed by Shn Rajesn Rat before Hon’ble CAT Chandigarh which is coming up on 31.08.2015, the request of the Department of Revenue to engage the services of Ld. ASG at Chandigarh for appearance.in the case was acceded to by the Secretary, Dept of Legal Affairs who also got confirmation from the Ld ASG during the meeting. A team of Officers from CBEC / DG HRD CBEC will brief the Ld. ASG in the coming week, after seeking his convenience.
8. In conclusion, it was agreed that the directions of the Hon’ble CAT, Chandigarh in their interim order dated 03.09.2014 in OA ,No.060/00770/2014 filed by Shri Rajesh Rai &. Another have to be complied with and to convey the view emerging from the deliberations in the meeting to the Hon'ble Parliamentary Committee on Welfare of SCs/STs.