" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Saturday, 14 December 2013

DEMAND TO CONDUCT DPC IMMEDIATELY.

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.

---------------( THEREFORE A  DEMAND HAS BEEN  RAISED BY AIACEGEO FOR GRANTING ADHOC PROMOTIONS WITHOUT CONSULTING UPSC DULY  INFORMING CBEC THAT   REGULATION-4 OF UPSC(EXEMPTION FROM CONSULTATION) REGULATIONS, 1958 PROVIDE THAT IF A TEMPORARY OR OFFICIATING ARRANGEMENT MADE BY ADHOC APPOINTMENT FOR A PERIOD OF LESS THAN ONE YEAR, THE UPSC NEED NOT BE CONSULTED , HOWEVER IF THE ADHOC PROMOTION IS LIKELY TO CONTINUE FOR A PERIOD OF MORE THAN ONE YEAR FROM THE DATE OF APPOINTMENT , THE UPSC SHALL BE CONSULTED.   THE UPSC NEED NOT BE ASSOCIATE IN RESPECT OF POSTS WHERE THE PROMOTION IS BASED ON NON- SELECTION. VERY INTERESTINGLY ADHOC PROMOTIONS FOR THE POST OF ASST.COMMISIONER  ARE  BEING AWARDED SINCE 1997 FOR A PERIOD OF SIX MONTHS ( LESS THAN ONE YEAR), BUT STILL THEN THE UPSC HAS BEEN CONSULTED BY CBEC  SINCE 2011 TO GRANT  ADHOC PROMOTIONS FOR THE POST OF ASST.COMMISSIONER.  AS PER REGULATION-4 OF UPSC(EXEMPTION FROM CONSULTATION) REGULATIONS, 1958, CBEC IS COMPETENT TO GRANT ADHOC PROMOTION FOR A PERIOD LESS THAN ONE YEAR,HOWEVER IF SUCH ADHOC PROMOTEE WILL CONTINUE FOR A PERIOD MORE THAN ONE YEAR THEN CONSULTATION OF UPSC IS REQUIRED. DESPITE SUCH PROVISIONS,CBEC IS SENDING PROPOSALS TO UPSC SINCE 2011 TO  GRANT ADHOC PROMOTIONS TO THE POST OF ASST.COMMISSIONER)-----------------------.
    DOPT OM NO.39021/1/94- ESTT(B) dated 22,07.94  interalia provides that in cases where RRs exist for the posts, in respect of anticipated vacancies on account of factors like superannuation or promotion to the higher rank, the department concerned should be able to make reference to the UPSC at least 4 months prior to the date on which vacancies are expected to arise. If an un anticipated vacancy occurs such as creation of temporary posts, then adhoc promotion can be made without consulting UPSC. GI.DP&AR.OM NO .28036/2/77- ESTT(D) DATED 7.10.77  provides that PM desired that departments should take action to fill up the posts in good time before vacancies actually occur. In case where there is unjustifiable delay responsibility for the delay should be assigned and those responsible should be suitably dealt with.  With a view to having the approved select panels for promotion ready in advance in a time-bound manner, DOPT has issued a Model Calendar for DPCs vide OM No.22011/9/98-Estt(D) dated 8th September, 1998 and an indicative pattern has been provided in the Model Calendar for various events involved in the prel post DPC related actions. All the Ministries/Departments have been impressed upon from time to time  by  DOPT to adhere to the prescribed time-line so as to ensure that the panel is ready in time and is utilised as and when the vacancies arise during the course of the vacancy year. The  UPSC has introduced Single Window System for accepting complete proposals and this system has resulted insubstantive improvement in number of DPCs being held by UPSC. The average time taken for disposal of a case has also come down to 53 days as compared to 120 days taken earlier.   Despite of above  instructions  the DPCs  for the post of Asst.Commissioner are not being convened in time and many Superintendents are retired on superannuation without getting promotion.  This affects the manpower planning and impedes the career progression of the employees. The DPCs for the post of Asst.Commissioner  are being delayed because CBEC does not send the  proposals to the UPSC complete in all respects in advance.The DPC for the year 2012-13 was required to be conducted during July 2012 in advance but till date the same has not yet been conducted and it is learnt that the proposal is still pending with UPSC. Similarly the DPC for the year 2013-14 was required to be conducted during the month of July 2013, but surprisingly no proposal to conduct DPC for the year 2013-14 has been sent by CBEC to UPSC . CBEC  does not care to achieve the objective of timely promotions of employees . CBEC is also does not  strictly adhering to the Model Calendar and sending the DPC proposals to the UPSC, complete in all respect in advance to conduct DPCs in time.
Therefore AIACEGEO demands for conducting of DPC immediately by CBEC to grant promotions to the post of Asst.Commissioner for the vacancies for the year 2012-13 & 2013-14. .