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Wednesday, 28 May 2025

DPC

 

ALL INDIA ASSOCIATION OF CENTRAL TAX

GAZETTED EXECUTIVE OFFICERS

(Earlier known as All India Association of Central Excise Gazetted Executive Officers)

President:                                             Address for communication:                                      Secretary General:

Kajal Kumar Mandal                         Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                           Harpal Singh

Mob. 9957366172       mail Id:aiacegeo2019@gmail.com        Site:cengoindia.blogspot.in       Mob. 9717510598

Chief Patron: Ravi Malik Patrons: A. Venkatesh, C. S. Sharma, M. Nagaraju

Vice Presidents: B C Khatik, K D Venkatraman  (Central) Swapan Kr Das, Subrata Adhikary (East) Ashish Vajpayi, B B Sharma (North) G Srinivas Reddy, G Ananda Sukumar (South) Siddhraj Parmar, Vimal Kishore Soni (West) Joint Secretaries: Manoj Kumar, T J Manojumon (Central) Pradyut Purkayastha, Ashis Maji (East) Rajeev Prakash, Anil Sreedharan (West) Prabhakar Sharma, R B Sahu (North) K Yugandhar Kumar, S M Kosalaya Devi (South); Office Secretary: B C Gupta Treasurer: Manoj Kumar Liaison Secretary: Bhoopesh Organising Secretary: Utkarsh Sharma South Zone Coordinator: R Keny Legal Coordinator: S Sabarwal Joint Organising Secretary: Jayant Dey East Zone Coordinator: Debasish Modak

(Recognised vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)

Ref. No. 38/AIB/D/25                                                                       Dt. 28.05.25

To,
The Chairman

CBIC, North Block,

New Delhi.

Sub: DPC for the post of Asstt. Commissioner.

Sir,

Kindly refer to the earlier representations of the Association about the continued delay in convening the DPC for the post of Assistant Commissioner.

2. It is again submitted with due regards that a significant number of officers are retiring every month without promotion despite of thousands of vacancies existing in the grade of Assistant Commissioner. The most of the Assistant Commissioners are already holding multiple charges overburdening them for the want of DPC.

3. The Association understands that the DPC process has been held in abeyance due to the court case pending in the Hon’ble CAT, Mumbai in OA No. 407/2020. We are informed that the final hearing in the matter was concluded on 10.03.2025 and the case has since been reserved for orders. However, more than two and half months have elapsed but the order is yet to be pronounced.

4. It is understood that Shri Santosh Mehra, Member (A), who was part of the bench that heard the matter, has since been transferred to CAT, Bangalore from Mumbai. It appears that his transfer may have inadvertently contributed to the delay in issuing the final order. We wish to bring to your kind notice that in a similar situation involving OA No. 21/1089/2019 and connected matters before the CAT Hyderabad, despite the transfer of Shri Sudhir Ranjan Mishra, Member (J) to CAT Cuttack, the order which was reserved on 17.10.2023, was subsequently pronounced on 09.01.2024 after appropriate administrative arrangements were made by the Hon’ble Principal Bench.

5. In view of this precedent, it is requested to kindly take up the matter with the Hon’ble Principal Bench of CAT, New Delhi and request to facilitate the pronouncement of the reserved order in OA No. 407/2020 by the Bench that originally heard the matter, at the earliest.

6. In addition to the above, your kind attention is also invited to another case namely Ashok Kumar vs. Union of India (OA No. 4762/2024) pending before CAT, New Delhi, where a blanket stay has been granted on the conduction of the DPCs for promotions from Group B to Group A. In this regard, it is submitted that the promotions to the post of Assistant Commissioner are made from following three feeder streams:

(i)     Superintendent of Central Excise

(ii)   Superintendent of Customs (Preventive)

(iii)  Appraisers of Customs

7. The promotion is governed by a fixed ratio of 13:2:1. Therefore, the pendency or legal challenge involving one feeder stream does not and should not affect the filling of vacancies for other two streams. Unfortunately, during the hearing in the Ashok Kumar case, this crucial aspect appears not to have been adequately presented resulting in a stay applicable to all streams.

8. Accordingly, it is requested that the departmental counsel in the Ashok Kumar matter may be specifically instructed to approach the Hon’ble Tribunal for partial vacation of the stay in respect of the streams of Superintendent of Central Excise and Superintendent of Customs (Preventive), so that the DPC for the post of Asstt. Commissioner may be convened at least for these streams, which are unrelated to the dispute raised by the petitioner.

9. The Association is very confident that these long-pending matters may be resolved with kind intervention of your goodself, thereby alleviating the undue hardship being faced by thousands of eligible officers for promotion who continue to serve the department with utmost dedication.

Thanking you,

Yours sincerely,

                                                                                                                                                       

(HARPAL SINGH),

Secretary General.

Copy with the request for necessary action to:

(1)   The Revenue Secretary, North Block, New Delhi.

(2)   The Member (Admn.), CBIC, North Block, New Delhi.