Sunday, 18 February 2018
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
Ref. No. 44/AIB/G/18 Dt. 19.02.18
Sh. S. Ramesh,
Member (Admn), CBEC,
North Block, New Delhi.
Sub: DPC for the post of Asstt. Commissioner for the year 2016-17, 2017-18 and 2018-19.
As your goodself is already aware, it is to submit with due regards that the contempt proceedings in the Bharartan case regarding DPC for the post of Asstt. Commissioner have already been stayed by the Hon’ble Supreme Court. It is also worth to submit that our officers are retiring regularly without promotion for the want of DPC despite of a good number of posts being in hand.
2. As far as the Dhindhsa case is concerned, it relates to seniority of the Customs officials. DPC for the Central Excise officials may be conducted keeping Customs DPC on hold till their seniority issue is resolved. No need to submit that we already have precedents of conducting DPCs for Central Excise in case of pending dispute relating to Customs.
3. The promotions have not been affected against the promotional quota in respect of regular/permanent posts in the last DPC for the post of Asstt. Commissioner. Thus, 230+200+230+104=764 posts are to be added in the DPC for promotion of our officers against the promotional quota in respect of regular/permanent posts.
4. It is further submitted that the DPC for the years 2014-15 and 2015-16 has been held for 1261 posts but promotion orders have been issued merely for 844 officers in all. Thus, 417 (1261-844) posts are also to be added for the DPC. Final figure is to be reached also by adding all retirements including voluntary retirements, demise etc. against temporary posts.
5. The officers promoted against temporary posts have also not been moved upwards against regular posts which is required to be done immediately. This will increase the number of promotional posts at temporary level.
6. It is also worth to mention 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 mentioned in this OM that the existing and clear anticipated vacancies as well as chain vacancies on account of retirements, promotions, demise etc. in all higher grades/hierarchy should be included for the purpose of DPC.
7. The temporary posts of Asstt. Commissioner will lapse in the month of December, 2018. So, posts upto December, 2018 at least are required to be taken into consideration for promotion.
8. Your kind attention is also invited to the RTI reply given vide F. No. 8/B/03/HRD (HRM)/2014/Pt. 1/16445 Dt. 07.11.17 saying that CBEC is having 11, 1, 72, 4, 405 & 1374 posts vacant respectively at the level of PCC, CC, PC, Commissioner, ADC/JC & DC/AC as on 06.11.17. The vacancies for the period from 07.11.17 to 31.03.18, however, are also to be added to it for the year 2017-18.
9. The provisions under GFR 254 of 2005 say that the vacant posts on account of the want of the eligible officers at higher levels can be operated at lower level. Accordingly, the vacant posts at higher levels may be operated at JTS level.
10. In view of the above, it is requested to convene DPC for the years 2016-17, 2017-18 and 2018-19 at an early date against all unfilled/existing/anticipated posts of Asstt. Commissioner including promotion quota against regular/permanent posts, retirements, demise, backlog etc. vacancies taking into consideration all of the above submissions as our officers are forced to retire waiting for the rarest IInd promotion in the career.