The OM No. 22011/9/98-Estt. (D) dated 08.09.1998 of
DOPT(Govt. of India), interalia provides
that “the DPCs should be convened at
regular annual intervals to draw panels which could be utilized on making
promotions against the vacancies occurring during the course of a year. For this purpose it is essential
for the concerned appointing authorities to initiate action to fill up the
existing as well as anticipated vacancies well in advance of the expiry of the
previous panel by collecting relevant documents for placing before the DPC.
DPCs could be convened every year if necessary on a fixed date. The Department
should lay down a time schedule for holding DPCs under their control and after
laying down such a schedule the same should be monitored by making one of their
officers responsible for keeping a watch over the various cadre authorities to
ensure that they are held regularly. Holding of DPC meetings need not be
delayed or postponed on the ground that Recruitment Rules for a post are being
reviewed / amended. A vacancy shall be filled in accordance with the
Recruitment Rules in force on the date of vacancy. Very often , action for
holding DPC meeting is initiated after a vacancy has arisen . This results in
undue delay in the filling up of the vacancy causing dissatisfaction among
those who are eligible for promotion. It may be ensured that regular meetings
of DPC are held every year for each category of posts so that an approved
select panel is available in advance for making promotions against vacancies
arising over a year. No proposal for holding at DPC should be sent to UPSC until and unless all the ACRs complete and up to date are available . In certain
cases involving collection of large number of ACRs, the proposal can be sent
only if at least 90% of the ACRs are available”. But very surprisingly the Central Board of
Excise and Customs does not implement such
OM to grant promotion to the grade of Assistant Commissioner. In
several occasions DOPT has instructed that “all departments should take action to fill up
the posts in good time before vacancies actually occur”. It has also been stipulated by DOPT
that in case where there is unjustifiable delay, responsibility for the
delay should be assigned and those responsible should be suitably dealt with. 149 nos. of AC posts were lying vacant
during financial year 2012-13 and DPC to
fill up such posts was required to be conducted during July, 2012. But the CBEC had proposed to fill up such 149 existing vacancies of
Assistant Commissioners during July 2013 only
by promoting the Central Excise Superintendents, Customs Superintendents
and Customs Appraisers. It is more than 8 months and the DPC is yet to be
conducted by CBEC. Therefore the Group B Gazetted officers of CBEC are in deep anguish and disappointment
over the delay in completing the DPC by CBEC. When CBEC is not able to complete
the process for an adhoc promotion of 149 officers , it cannot able to promote
3000 officers (which have approved in CR-2013 of CBEC) within one month for
immediate implementation of CR-2013.If large number of posts will not be filled
up, in the grade of AC/DC for a long period that will be caused an adversely
affect to the revenue collections and result in tardy Tax Payer Service.
2418 nos. of post of AC ( regular &
temporary) have been created vide CBEC, F.NO.A.11019/08/2013-AD-IV
dated 18.12.2013 but till date no proposal to conduct DPC has been submitted by
CBEC to UPSC. First DG/HRD / CBEC asked for ACR grading instead of dossiers,
there after ADG/SYSTEMS of CBEC asked
for ACRs up to 203-14 within 10.01.2014 before completion of financial year
with an intention to delay the DPC. Hence it proves that CBEC does not show any
interest to grant promotions to Gr-B Gazetted officers of the department and
also CBEC does not having any interest for collection of more Govt. revenues. It is mentioned vide
para 6 of the CBEC, F.NoA.11019/08/2013-Ad.IV dated 18.12. 2013 that-"
Pending notification of revised recruitment rules, wherever required the newly
created/re-designated posts will be filled up on the basis of the extant
Guidelines for Recruitment Rules, issued by the Department of Personnel &
Training". As per para 4 of the said circular the temporary posts will be
filled up only on promotion from the feeder grades specified in the India
Revenue Service (Customs & Central Excise) Recruitment Rules, 2012 . 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. As per such provision it is required on the part of the
CBEC to conduct DPC to grant adhoc promotions against such newly created
temporary posts of Asst. Commissioner without referring the matter to UPSC to
conduct DPC. But it is learnt that despite such provisions, UPSC has imposed a
restriction on CBEC and directed CBEC for not
to conduct any DPC to grant adhoc
promotions in the grade of Asst. Commissioner without involving UPSC. Because
of such restriction, no DPC has been conducted by CBEC to grant adhoc
promotions in the grade of Asst. Commissioner without involving UPSC. UPSC is neither lifting the restriction
(imposed by it)to conduct DPC to grant Adhoc promotions directly without
involving the UPSC nor it is allotting a date at an early date to conduct DPC. Each
and every month more than 100 nos. of Superintendents are retiring from
service without getting promotion to Gr-A after completing/putting 35 to 37 years of service in Gr-B. Nearly Ten
thousands Central Excise Superintendents took part in the Satyagrah during
lunch hours on 12th & 13th February, 2014 on the call of the All India
Association of Central Excise Gazetted Executive Officers. The Satyagrah was to
protest against the delay in conducting DPC by CBEC for the posts of Asst.
Commissioner against existing vacancies as well as posts created in CR-2013 of
CBEC, non implementation of CR-2013 of CBEC immediately, merger of 50% DA,
sanction of interim relief, effect of 7th CPC from 01.01.2014 etc. etc. The AIACEGEO
may strive to organize Satyagrah again during Excise Day on 24.02.2014, and on last working day of the financial year
2013-14 i.e. 31.03.2014 in pursuance of the 32 point charter of demands if no
settlement is brought about by the Central Board of Excise & Customs by
then. CBEC is now required to conduct
DPC urgently to grant adhoc promotions in the grade of Asst. Commissioner against the
existing vacancies as well as
posts created in CR-2013 of CBEC . If UPSC will not be in a position to
conduct the DPC immediately, then UPSC should be requested by CBEC for one time
relaxation to remove the restriction imposed by them to conduct DPC by CBEC to
grant adhoc promotions on the grounds
that (1) 2118, temporary posts of Asst.
Commissioner have been created for the first time,(2) only adhoc promotions
shall be granted against such posts involving collection of large
number of ACRs (3) more than 100
Superintendents are retiring service on each and every month on completion/putting
of 35 to 37 years of service in Gr-B
without getting promotion to Gr-A and (4) If large number of posts
will not be filled up, in the grade of AC/DC for a long period that will be
caused an adversely affect to the revenue collections and result in tardy Tax
Payer Service also.
