ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
President: Address
for communication: Secretary General:
R.
Chandramouli 240,
Razapur, Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: P. Parwani, L. L. Singhvi (Central);
AnuragChaudhary, Ravi Joshi (North); N. Raman, G. Srinath (South); B. K. Sinha,
AshwiniMajhi (East); Rajesh Chaher, J. D. Patil (West) Joint Secretaries: Anand
Kishore, J. S. Aiyer (Central); R. K. Solanki, AshishVajpeyi (North); M.
Nagaraju, Ajithkumar P. C. (South); P. K. Sen, S. Bhattachariya (East);
JasramMeena, M. K. Mishra (West) Office Secretary: C. S. Sharma Treasurer:
N. R. MandaLiaison Secretary: A.
S. KunduCoordinator on Telangana: P.
Shravan Kumar
(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.
92/DPC/16
Dt. 06.06.16
IMMEDIATE
To,
Sh. Najib Shah,
Chairman, CBEC,
North Block, New Delhi.
Sub: Vacation of stay for promotion to the post of
Asstt. Commissioner.
Sir,
Kindly
refer to the various requests of the Association for promotion to the post of
Asstt. Commissioner and verdict given by the Principal Bench of Hon’ble Central
Administrative Tribunal on 03.06.06 in
the presence of the govt. advocate vacating the stay on promotions to
the post of Asstt. Commissioner.
2. Your kind attention is also invited to the para 2.4.1 of the DOPT OM No.
22011/5/86-Estt. D Dt. 10.03.89 as well as para 6.4.1 of the DOPT OM No. 22011/5/86-Estt. (D) Dt. 10.04.89
mandating about holding of single DPC in case of DPC not being held timely for
more than one years.
3.
It is further submitted with due regards that that the DPCs are being terribly
delayed despite of the DOPT instructions to fix the responsibility of the
concerned officer for the lapse in adherence to the prescribed time frame in
holding of DPCs under the DOPT OM No.
22011/9/98-Estt. (D) Dt. 14.12.2000. Non-serious attitude of the concerned
section on the issue is very well evident by the following figures showing
tremendous delay in the matter -
Year of DPC Due in Conducted in Delay
2010-11 January, 10 June, 12 2½ years
2011-12 January, 11 June, 12 1½ years
2012-13 January, 12 March, 14 2¼ years
2013-14 January, 13 October, 14 1¾ years
2014-15 January, 14 still awaited already around 2½ years
2015-16 January, 15 still awaited already around 1½ years
2016-17 January, 16 still awaited already around ½ year
4. As
per the DOPT OM No.
22011/1/2011-Estt.(D) Dt. 23.04.15, the Appointment Committee of Cabinet has
viewed this matter seriously. But very unfortunately, the matter is not
being taken seriously by the concerned section of CBEC. As per the DOPT provisions vide 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 for a financial year should be
conducted well in advance latest by the month of January of the preceding year.
No need to submit that the prescribed schedule should strictly be followed
whether the DPC is conducted for regular promotions or ad hoc promotions.
5.
It is also submitted that the chain vacancies on account of cascading effect
from higher side are also required to be included for the promotion as per the DOPT OM No. 22011/9/98-Estt(D) Dt. 06.10.99.
It is clearly mentioned in this OM that the existing and clear anticipated
vacancies as well as chain vacancies on account of retirement, promotion etc.
in all higher grades/hierarchy should be included for the purpose of DPC.
6. As far as the amendment in RRs is concerned, the para
3.1 of the DOPT OM No.
22011/5/86-Estt. (D) Dt. 10.04.89 also says that the holding of DPC meetings need not
be delayed or postponed on the ground that RRs for a post are being reviewed/amended. Moreover, the
amended RRs are not required to be awaited for the promotions to be granted on
ad hoc basis particularly when the posts have been created on the approval of
the Cabinet.
7. It is also worth to mention that 2118 temporary posts
of Asstt. Commissioner were created only for 5 years w.e.f. 18.12.13 to be
filled by promotions, out of which around 2½ years have already expired. Officers
are forced to retire without promotion (only
IInd in the career of 35-40 years) due to the delayed process despite of
thousands of promotional posts being in hand.
8. The Association was told during the meeting of
14.01.16 held under the Chair of the Member (P&V) that the advice from the Attorney General/Solicitor
General had been sought on the issue of the reservation in this regard. Not
only the said advice alongwith the earlier one has been reached CBEC but the
case has also been decided finally by the Principal Bench of Hon’ble Central
Administrative Tribunal vacating the
stay on promotions.
9. Due to the
delayed process, even the extended panel is unable to give any benefit
to our officers as the officers figuring in the extended panel also retire
before the holding of DPC. Our officers are merely being punished without any
fault by snatching their legitimate right of promotion.
10. Around 600 officers have already retired
without promotion due to the want of the DPC after October, 14. This figure of
600 includes around 400 officers from general category and around 200 (33%)
officers from reserved category. Thus, both categories are at loss.
11. If
due to some unavoidable reason the information is not available in r/o retired
officers, the DPC is required to be conducted immediately in r/o the working officers without further delay
otherwise many more officers will also be forced to retire without promotion.
12.
It is also worth to submit that the promotions orders are always issued with
the clause of joining subject to the
vigilance clearance. Accordingly, the DPC may be conducted based on the
available vigilance clearances without waiting/asking for fresh vigilance clearance
to avoid further delay.
13.
No need also to consult any other department including DOPT or Law keeping in
view that no department is above the court particularly when the promotions are
to be affected merely on ad hoc basis.
14.
In view of the above and particularly
having no legal hindrance as on date, it is requested to hold the single
consolidated DPC for the years 2014-15, 2015-16 & 2016-17 immediately
including the remaining vacancies of 2013-14 enabling the officers to join
subject to vigilance clearance without
waiting for fresh vigilance clearance to avoid further delay.
Thanking you,
Yours
faithfully,
(RAVI
MALIK),
Secretary
General.
Copy with the
request for necessary action to:
1. The Member
(P&V), CBEC, North Block, New Delhi.
2. The DG, HRD,
CBEC, New Delhi.
3. The Joint
Secretary (Admn.), CBEC, North Block, New Delhi.
2. The ADG, HRD
(HRM), CBEC, New Delhi.
(RAVI
MALIK)
