CBEC does not implement the
Guidelines prescribed by DOPT to conduct Cadre Restructuring and to conduct DPC
and to frame Recruitment Rules within the prescribed time. 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. As per DOPT
guidelines all departments should take action to fill up the posts in good time
before vacancies actually occur. It has also been stipulated on such guidelines
that in case where there is unjustifiable delay, responsibility for the delay
should be assigned and those responsible should be suitably dealt with. The DPC
for the year 2013-14 has not yet been conducted to grant promotions to the
grade of Asst. Commissioner. 2418 nos. of post of AC ( regular & temporary)
have been created vide 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 asked for ACR grading instead of dossiers, there after ADG/SYSTEMS
asked for ACRs up to 203-14 within 10.01.2014 before completion of
financial year with an intention to delay the DPC. Therefore 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 revenues. 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 consultation of UPSC is not required to fill up such
temporary posts by granting adhoc promotions for six months. Eexemption from consultation of
UPSC in the DPC for promotion to the grade of AC under UPSC (exemption
from Consultation )Regulations, 1958 is also applicable as promotions are to be made by non- selection method because selection
method envisages same procedure as non-selection (i.e.no supersession with Good benchmark). Further as per
notification dated 18.12.13 these temporary posts have been created for the
first time ( newly) hence consultation of UPSC for DPC is not at all required
to grant promotions on adhoc basis for first time. Each and every month more
than 100 Superintendents are retiring without getting 2nd promotion
in their entire service career, but CBEC is totally silent on this particular
issue. Therefore we have no other option except to opt for agitation.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS(AIACEGEO)(Recognised vide CBEC letter F.No. B. 12017/10/2012-Ad.IV A Dt. 25.02.13 ) (Disclaimer- The views expressed in the Blog post are purely for the consumption of members of AIACEGEO only and the data/facts contained therein should be first verified with authentic source, before using the same, by anyone).