ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED
EXECUTIVE OFFICERS
President:
Address for communication: Secretary
General:
Lokanath
Mishra 240,
Razapur, Ghaziabad-201001 (U.P.) Ravi
Malik
Vice Presidents: Sampat Rai, Vatan Kamble
(Central); Anurag Chaudhary, Ravi Joshi (North); A. Ravinder Singh, Rajan G.
George (South); A. S. Roy, Shubhrangshu Deb (East); P. D. Nimhan, S. K. Jha
(West)
Joint Secretaries: Anand Kishore, Laxmi Lal
Singhvi (Central); N. N. Lal, R. K. Solanki (North); G. Srinath, S.
Chandrasekar (South); Ashwini Majhi, V. N. Jha (East); G. K. Jhala, M. K. Misra
(West)
Office Secretary: C. S. Sharma (Mob. 09313885411) Treasurer: N. R. Manda (Mob.
09871483585)
(Recognised
by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref.
No. 129/R/14
Dt. 19.06.14
To,
Ms. J. M. Shantisundharam,
The
Chairperson, CBEC,
North
Block, New Delhi.
Sub: Reorganisation notification and staff allocation order for
implementation of CR–2006.
Madam,
As
you know, it is submitted with due regards that the much awaited
notifications/orders regarding reorganization/staff allocation are still
awaited even after more than 6 months after approval of the cadre restructuring
by the Cabinet. The reason seems that the posts created with new designations
between the pots of Member and Commissioner during the cadre restructuring have
not been defined as “Central Excise officer” under the Central Excise Act, 1944
by making the due amendment. Such amendment seemingly may only, in near future,
be made through Finance Bill.
2. It is,
however, not understood whether it is a legal requirement to amend the Act
particularly when the CBDT has implemented its cadre restructuring and issue
promotion orders for various posts including Principal Chief Commissioner
without amendment in the Act. Very unfortunately, the CBEC is not able to issue
notification, conduct DPC and issue promotional orders for various posts till
date. In this regard, the relevant provisions of Central Excise and Service Tax
are submitted as below under the forthcoming sub-paras from 2.1 to 2.4. No need to submit that the Customs
provisions are also similar.
2.1 Section 2(b)
of the Central Excise Act defines the “Central Excise officer” reproduced as
under:
“2(b)
|
“Central Excise Officer” means the Chief Commissioner of Central
Excise, Commissioner of Central Excise, Commissioner of Central Excise (Appeals),
Additional Commissioner of Central Excise, Joint Commissioner of Central
Excise, Assistant Commissioner of Central Excise or Deputy Commissioner of
Central Excise or any other officer of the Central Excise Department, or any
person (including an officer of the State Government) invested by the Central
Board of Excise and Customs constituted under the Central Boards of Revenue
Act, 1963 (54 of 1963) with any of the powers of a Central Excise Officer
under this Act.
The underlined portion
of the above text makes it clear that the CBEC has powers to appoint any
person as a “Central Excise officer” and can invest him/her with the powers
of a Central Excise officer. The CBEC vide its order dated 18.12.2013 issued
vide F. No. A 11019/08/2013-Ad.IV has created, after due approval from the
competent authority, new posts of Principal Chief Commissioners, Principal
Director Generals and Principal Commissioners alongwith others. Thus, the new
posts of PCC’s/PDG’s and PC’s created w.e.f. 18.12.2013 can be appointed as
“Central Excise officers” in terms of section 2(b) of the CEA under the
powers vested with the CBEC. There seems no requirement for inclusion of
these posts under section 2(b) for defining as “Central Excise officer” by
making amendment in the Act.
Further, Rule 3 of
Central Excise Rules, 2002 lays down the procedure to appoint a person as
“Central Excise officer”. The text of rule 3 is reproduced hereunder:
|
Rule 3 Appointment and
jurisdiction of Central Excise Officers. — (1) The Board may, by
notification, appoint such person as it thinks fit to be Central Excise officer
to exercise all or any of the powers conferred by or under the Act and these
rules.
(2) The Board may, by
notification, specify the jurisdiction of a Chief Commissioner of Central
Excise, Commissioner of Central Excise or Commissioner of Central Excise
(Appeals) for the purposes of the Act and the rules made there under.
(3) Any Central Excise
Officer may exercise the powers and discharge the duties conferred or imposed
by or under the Act or these rules on any other Central Excise officer who is
subordinate to him.”
2.2
In terms of rule 3(1), CBEC by a notification may appoint a person, as it
thinks fit to be Central Excise officer and such person can be assigned powers
to be exercised by him/her under the Act and rules. Therefore, the CBEC as per
section 2(b) of the CEA read with rule 3(1) of the CER has power to appoint
PCC/PDG and PC as “Central Excise officer” and can confer upon them the powers
to be exercised under CEA and rules made thereunder. Here it is worth to note
that the rules are subordinate legislation to the Act passed by the Parliament
and a subordinate legislation cannot have override effect to the Act. The
section 2(b) does not require any notification to be issued for the appointment
of a person as “Central Excise officer” and, thus, appointment of a person as
Central Excise officer may be made through an office order. Rule 3 of CER is
only an enabling provision in addition to powers under section 2(b) of the CEA
and therefore, the use of words “by notification” in the rule 3 appear to be
arbitrary and contrary to the provision of section 2(b).
2.3 Further,
sub-rule (2) of rule 3 stipulates that CBEC may specify the jurisdiction of a
Chief Commissioner, Commissioner and Commissioner (A). There is no mention of
the terms “Principal Chief Commissioner” or “Principal Director General” and
“Principal Commissioner”. Thus, CBEC may feel uncomfortable to specify the
jurisdictions of PCC’s/PDG’s and PC’s. But it is not at all the case here.
First of all, as discussed hereinabove, rule 3 cannot have override effect over
the section 2(b). Secondly, the Central Excise Rules have been framed vide a
notification issued under section 37 of the CEA. As such, any amendment to the
said rules may be legally made through a notification issued by the CBEC and,
therefore, the terms “PCC” or PDG” and “PC” can be inserted in the sub-rule (2)
of rule 3 by the issuance of a simple notification along with the notification
for jurisdiction of PCC/PDG, PC, Commissioner and Commissioner (A).
2.4 As
long as the provisions of Finance Act, 1994 and Service Tax Rules, 1994 (STR)
are concerned, there is no provision for defining a person as Service Tax
officer. Chapter V of the Finance Act, 1994 does not mention any provision for
defining a person as Service Tax Officer. The rule 3 of the STR has the
provision to assign the powers under Chapter V of the Act to a Central Excise
officer. The text of rule 3 is reproduced hereunder:
“Rule 3
Appointment of officers – The
Central Board of Excise and Customs may appoint such Central Excise officers as
it thinks fit for exercising the powers under Chapter V of the Act within such
local limits as it may assign to them as also specify the taxable service in
relation to which any such Central Excise officer shall exercise his powers.”
The above said text makes it clear
that a Central Excise officer, appointed under section 2(b) of the CEA, 1944
may be assigned the powers to be exercised by him/her under Chapter V of the
Finance Act, 1994 and the local limits may also be assigned to such Central
Excise officer. There is no requirement for issuance of a notification for the
purpose of assigning powers under Chapter V of the Finance Act, 1994 to a
Central Excise officer. Such powers relating to Service Tax matters and
jurisdiction (local limits) of such officers may be assigned to a Central
Excise officer by an office order issued by CBEC as assigned in past by Orders
No. 3/3/94-ST dated 11.10.1994, 5/1/96-ST dated 31.10.1996, 4/1/97-ST dated
11.07.1997, 5/1/97-ST dated 25.07.1997, 6/1/97-ST dated 22.08.1997, 7/1/97-ST
dated 05.11.1997 and 1/1/98-ST dated 07.10.1998. Clearly, the PCC’s/PDG’s and
PC’s, after being appointed as Central Excise officer under section 2(b) of the
CEA, can be assigned the powers through an office order for exercising the
powers under Chapter V of the Finance Act, 1994 and their local
limits/jurisdiction can be defined in said order issued under rule 3 of the
STR.
3. From the foregoing
submissions, it can easily be understood that CBEC has sufficient powers under
section 2(b) of the CEA, rule 3 of the CER and rule 3 of the STR to appoint
Principal Chief Commissioners, Principal Director Generals and Principal
Commissioners as Central Excise officers and define their territorial
jurisdictions. There does not appear to be any requirement for making change in
the section 2(b) of the CEA to define such officers as Central Excise officers.
Moreover, by enforcing such powers, the CBEC has appointed the Superintendents
and Inspectors as Central Excise officers without any amendment in the Act
though they have not been defined as Central Excise officers under the section
2(b).
4.
In view of the above, it is very much requested to kindly issue the much
awaited reorganization notification and staff allocation order at an early
date, so that the promotion process for various posts created during the cadre
structuring may start throughout India without further delay.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy with the request for
necessary action to:
1) The Member (P&V), CBEC,
North Block, New Delhi.
2) The DG, HRD, CBEC, New Delhi.
(RAVI MALIK)
ALL
INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:
Address for communication: Secretary General:
Lokanath Mishra 240, Razapur,
Ghaziabad-201001 (U.P.) Ravi Malik
Vice Presidents: SampatRai,
VatanKamble (Central); Anurag Chaudhary, Ravi Joshi (North); A. Ravinder Singh,
Rajan G. George (South); A. S. Roy, Shubhrangshu Deb (East); P. D. Nimhan, S.
K. Jha (West)
Joint Secretaries: Anand
Kishore, LaxmiLalSinghvi (Central); N. N. Lal, R. K. Solanki (North); G.
Srinath, S. Chandrasekar (South); AshwiniMajhi, V. N. Jha (East); G. K. Jhala,
M. K. Misra (West)
Office Secretary: C.S.Sharma (Mob.
09313885411) Treasurer:
N.R.Manda (Mob. 09871483585)
(Recognised by G.O.I., Min. of Fin. vide
letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref.
No. 126/P/14
Dt. 19.06.14
To,
Ms. J. M. Shantisundharam,
The Chairperson, CBEC,
North Block, New Delhi.
Sub:
i) Promotions to the post of Asstt. Commissioner in r/o cadre
restructuring and DPC’s in r/o panel years 2013-14 and 2014-15.
ii) Allocation of staff order.
iii) Reorganisation Notification.
Madam,
Kindly refer to the
various communications including Ref. No. 30/P/14 Dt.
06.02.14, Ref. No. 34/P/14 Dt. 10.02.14, Ref. No. 47/P/14 Dt. 26.02.14, Ref.
No. 51/P/14 Dt. 03.03.14, Ref. No. 63/P/14 Dt. 26.03.14, Ref. 118/P/14 Dt.
03.06.14 etc. of the Association.
2. It is again
submitted with due regards that six months have already expired after Cabinet approval as well as the
notification of the cadre restructuring but its implementation is still
awaited except the DPC for the post of Commissioner. Despite of the relevant list of the concerned officers being forwarded to
all of the Cadre Controlling Authorities by the DG, HRD very well in advance
sometimes in the month of August/September-13, the ACR’s etc. of the officers
to be considered for promotion to the post of Asstt. Commissioner are still
awaited from the field formations showing the totally apathetic, indifferent
and non-serious attitude of the concerned authorities. The authorities are
non-serious perhaps due to the said DPC being related for the promotions of the
Group ‘B’ officers instead of Group ‘A’.
3. Even
more disgusting is that it is happening despite of the provisions under the
DOPT OM No. 22011/9/98-Estt. (D) Dt.
14.12.2000 to fix the responsibility for the lapse in adherence to the
prescribed time frame in holding of DPC’s. It seems now that it is the proper
time to implement the provisions of this OM of DOPT particularly keeping in
view that the CBEC is far behind (presently by 2 panel years) of the due modal
calendar year in the matter. As a result; many unlucky officers, due for the
rarest IInd promotion in the career of 35-40 years, have already retired and
many more are retiring every month cursing us like anything. Even the
provisions of extended panel are unable to give any relief to the serving
officers due to the delayed process. Till date, the DPC for the panel year 2014-15 should have been conducted in the
month of at least January, 14 and the preparations started for the panel year
of 2015-16.
4.
Neither the order of staff allocation nor the reorganization notification has
been issued by the CBEC till date. Not only it, there are innumerable staff grievances pending unredressed for decades with
the CBEC due to the non-serious, apathetic and indifferent attitude of the
concerned authorities. The Association went through some portion of the Parthasarathy
Shome Commission (Predominantly IRS Commission) report on Tax India On Line. In
this report, our IRS officers are worried of working under the junior IAS (not
belonging to their cadre) AND NOT MERGED WITH THEIR CADRE AT ANY POINT. But
very unfortunately, they have no worry about the officers recruited as Central
Excise Inspector who are forced to work under the extreme juniors of Customs belonging to the same cadre of Inspector in
the same organisation of CBEC (merged at the level of Group 'A' entry) and
also under the junior CSS officers. It gives indication only about the great double standards being adopted by the
concerned authorities requiring immediate remedial steps.
5.
Actually, this is the time of talking about the parity in promotions to the
officers joining as Central Excise Inspector with other common entry counterparts including
the Intra-organisational
counterparts
namely Examiners recruited through same
examination with same eligibility
conditions belonging to same cadre
of Inspector in the same
organisation of CBEC performing same
nature of duties under the same administrative
hierarchy in same department of
Revenue of same Ministry of Finance
merged at Group ‘A’ entry level forcing the senior Central Excise officers
recruited as Inspector to work under an officer recruited as Examiner even
junior by 20 years. This parity will not
only remove the Intra-Central Excise
zonal disparities but also give the opportunity to the Central Excise
Inspectors to get the promotions upto the higher levels. If we may talk about the parity of our IRS
officers, already getting upto 7 promotions (9 after implementation of cadre
restructuring) and Chairpersonship or Membership of any Commission or Authority
after retirement, with the counterparts of the best placed Group ‘A’ service of
IAS, we should also talk about the parity of the worst hit category of Govt.
employees, i.e., the Inspectors and Superintendents of Central Excise, with
their counterparts of the best placed Group ‘B’ services like CSS, Rajyasabha Secretariat
etc.
6. But very
unfortunately, the things are not being taken seriously at all. The legitimate
right of promotion has been snatched from our officers particularly even after
the free hand being given to the bureaucratic machinery by the present Govt. Nobody
should forget that CBEC is able to achieve the revenue targets every year well above
the set goals only due to the sincere, dedicated & committed efforts of the
poor officers namely Superintendents and Inspectors. They are doing it in
National interest despite of total humiliation, disappointment &
demoralization on account of being retired on a PB2 post with single promotion
in the career (barring 1% who are able somehow to get their IInd rarest
promotion to a Junior Time Scale post at the fag end of career) after joining
the job as Inspector whereas their counterparts of CBDT, Customs,
CSS, Rajyasabha Secretariat etc. easily enjoy the PB4 levels before retirement
after getting 5/6 promotions.
7. The consideration zone for promotion was
sent to the concerned section of the CBEC on 29.04.14 by the concerned
committee for vetting but the same like many other things is still pending. No
time limit is being adhered to any matter. Even more surprising &
disappointing is that the CBEC has asked to include the names of the retired
officers in the seniority list of the Central Excise Superintendents vide the
letter F.No.A-26017/42/2014-Ad.IIA Dt. 30.04.14. It is really out of all
understandings as to why the names of
the retired officers should be included in the seniority list being
prepared today. All general prudence says that only the names of working
officers as on date should be included in the seniority list. It seems the
negative tactics of the concerned section only to further delay the promotions of the Group ‘B’ officers perhaps
with the intention to considere the
maximum number of the retired persons for promotion and denying the benefit of
the promotion to the serving officers.
8. In view
of the above, it seems that the whole CBEC requires revamping by replacing our
IRS authorities as its Members & Chairman totally by the IAS officers
particularly keeping in view that our own IRS authorities did no good to us and
kept thinking only about the interests of the direct IRS category. The
Association is forced to submit with great pains that our members have lost all
hopes and are very much agitated due to their career being spoiled by their own
authorities. Therefore, the next steps to revive the Satyagraha programme will
be intimated to the concerned authorities very soon if there is no change in
the scenario.
Thanking you,
Yours
faithfully,
(RAVI
MALIK),
Secretary
General.
Copy
with the request for necessary action to:
1)
The Secretary, Department of Revenue, North Block, New Delhi.
2)
The Secretary, DOPT, North Block, New Delhi.
3)
The MOS, Department of Revenue, North Block, New Delhi.
4)
The Finance Minister, Govt. of India, North Block, New Delhi.
(RAVI
MALIK)
ALL
INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:
Address for communication: Secretary
General:
Lokanath Mishra 240, Razapur,
Ghaziabad-201001 (U.P.) Ravi Malik
Vice Presidents: Sampat
Rai, Vatan Kamble (Central); Anurag Chaudhary, Ravi Joshi (North); A. Ravinder
Singh, Rajan G. George (South); A. S. Roy, Shubhrangshu Deb (East); P. D.
Nimhan, S. K. Jha (West)
Joint Secretaries: Anand Kishore, Laxmi
Lal Singhvi (Central); N. N. Lal, R. K. Solanki (North); G. Srinath, S.
Chandrasekar (South); Ashwini Majhi, V. N. Jha (East); G. K. Jhala, M. K. Misra
(West)
Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob.
09871483585)
(Recognised
by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 127/P/14 Dt. 19.06.14
To,
Ms. Nirmala Sitharaman,
The Hon’ble Minister of State, Department of Revenue,
North Block, New Delhi.
Sub: Parity with the best placed counterparts like
CSS etc.
Madam,
It is submitted with due regards
that our officers are retiring only with single promotion at a PB2 post in the
career of 35-40 years after entering the job as Inspector of Central Excise in
PB2 while our counterparts of CSS, CSSS, Rajya Sabha Secretariat, CBDT etc.
recruited in PB2 are easily attaining the PB4 levels after getting 5/6
promotions despite of our officers being performed hazardous & arduous
duties during the course of discharging executive as well as quasi-judicial
functions taking every risk on life of self & family on account of
countering with the white collared criminals, habitual revenue offenders &
dreaded hardcore smugglers alongwith tremendous administrative pressures.
2. Govt. has adopted measures to
bring parity, functional or non-functional, among common entry group ‘A’
officers but no such measures are being taken for group ‘B’ officers. The IRS
officers of CBEC got the parity with their common entry counterparts of CBDT in
the last cadre restructuring and with other better placed group ‘A’ common
entry counterparts including IAS in the current cadre restructuring. Every
effort is also being made to promote group ‘A’ officers of CBEC within
qualifying service but no such effort has ever been made to promote Central
Excise group ‘B’ executive officers in consonance of DOPT guidelines.
3. On account of no efforts being made
to bring group ‘B’ common entry counterparts at par, there is huge
discriminatory disparity between Central Excise group ‘B’ executive officers
and other counterparts. As a result, the counterparts of CSS, CSSS, Rajya Sabha
Secretariat, CBDT etc. are easily attaining the level of Joint Secretary &
Commissioner while Central Excise group ‘B’ executive officers are forced to retire
as Superintendent after single promotion barring 1%. This has made a huge
discriminatory difference between their salaries, pension and other
pre/post-retirement benefits. The current cadre restructuring of CBEC shall
also not be able to undo the continuous discrimination being made to the
Central Excise group ‘B’ executive officers. Only some of them will merely be
able to enter into junior group ‘A’ at the fag end of the career as a result of
the said cadre restructuring because of the temporary posts of Asstt.
Commissioner (JTS level) created only for 5 years with the condition that the officers promoted against these posts
would not be eligible for further promotion.
4. In view of the above, it is necessary
to take some concrete steps independent of cadre restructuring to bring Central
Excise group ‘B’ executive officers at par with their best placed common entry
counterparts of CSS etc. on the lines of group ‘A’. Otherwise the Central
Excise executive officers shall keep working under their juniors even of
Customs recruited in the same cadre of Inspector in the same organisation of
Central Board of Excise & Customs (CBEC). The Inspector cadre has been
trifurcated by the CBEC into three categories without any justification, i.e., Inspector
of Central Excise, Preventive Officer of Customs and Examiner of Customs (all analogous
posts) recruited through the same competitive examination under same
eligibility conditions in the same
organization of CBEC of the same
Department of Revenue in the same Ministry of Finance having same
administrative hierarchy and performing same nature of job of tax collection but
with huge discriminatory difference in promotional avenues (admitted by CBEC).
All of these are mentioned as “Inspector
only” in the recruitment rules and other relevant documents getting next
promotion as Superintendent of Central Excise, Superintendent of Customs and Appraiser of Customs (again all analogous
posts) respectively at group ‘B’ gazetted level
performing
again same nature of job. The single cadre trifurcated at the level of
Inspector is re-merged at the level of
Asstt. Commissioner (group ‘A’ entry level) placing Central Excise
Inspectors 2 decades behind the Examiners of Customs. The Central Excise stream
officers work in all of the three streams of the CBEC, i.e., Central Excise,
Service Tax and Customs. On the other hand, the Customs stream officers work
only in the Customs stream but they are posted to Central Excise and Service
Tax after entry into group ‘A’. Thus, it is even more surprising that a junior
officer having worked only in the Customs stream and having no knowledge of
Central Excise or Service Tax heads his seniors of Central Excise and Service
Tax. Such a horrible situation of humiliation and discrimination to work under
an extreme junior happens only in the organization of CBEC which is neither
justifiable by any rule of law or any principle of natural justice.
5. The parity, functional or
even non-functional, with the common entry counterparts may be adopted by
taking the measures like below-
(a) Time bound promotions/scales: Time scales after every 7 years were also recommended by CBEC to 6th CPC
vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures for these officers. No posts will be required to be created for
the grant of time scale after every 7 years.
(b) Notional promotions granting batch to batch parity with the best
placed common entry counterparts like CSS etc. There already exist so many
legal verdicts in the favour of various employees of many other organizations
on notional promotions.
(c) Creation of supernumerary posts which will be personal to the
officer at each level of the promotion and will be abolished with the
retirement of the officer. There already exist so many legal verdicts in the
favour of various employees of many other organizations on supernumerary posts.
(d) Creation of separate service: It was also recommended to 6th CPC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one
of the measures. The draft RR’s for separate service have already been submitted
to the CBEC by the Association. The separate service for group ‘B’ officers has
also been recommended on various occasions by the CBEC and also by the IRS
Officers Association. This may be created by taking all of the vacant posts
(after implementation of cadre restructuring) at group ‘A’ level+half of STS
posts+half of JTS regular posts by upgrading these to STS+all of temporary JTS
posts (instead of abolishing after 5 years) by upgrading these to STS (with the
provision of promoting Superintendents directly to STS)+additional posts at
each level in proportion to CSS.
(e) Direct promotion to higher post/s: Customs Ministerial
officers are being promoted as Appraiser without working even for a single day
on feeder post of Examiner in CBEC. Likewise, our officers may also kindly be
promoted directly to the higher posts at par with common entry counterparts.
(f) In-situ promotions (requiring no creation of posts) after
completion of residency periods as prescribed by the DOPT and explained under
the forthcoming sub para (i).
(g) Batch to batch functional
upgradation at par with the
best placed common entry counterparts.
(h) Batch to batch non-functional
upgradation at par with the best placed common entry counterparts like CSS etc. (also requiring no creation of posts)
based on the precedent of DOPT OM No. AB.14017/64/2008-Estt.(RR)
dt. 24.04.09 granting NFU to other group ‘A’ officers at par with IAS.
(i) Re-framing the recruitment rules prescribing the qualifying services in
consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 without
trifurcating the cadre at group ‘B’ non-gazetted/group ‘B’ gazetted level. This
OM stipulates the promotion of the Inspector grade to
the grade of Joint Commissioner, Additional Commissioner & Commissioner
respectively after completion of 12, 17 & 20 years of service. The validity
of this OM was also not questioned by CBEC during the presentation of cadre
restructuring proposal on 18.01.11 but CBEC showed its inability to implement
the same due to the want of the required number of vacancies/posts. Regarding
the want of the required number of vacancies/posts, it is requested that the officers may kindly be granted in-situ
promotions after completion of the prescribed service (also requiring no creation of posts) independent
of cadre restructuring. A little deviation from the above mentioned DOPT
guidelines, already framed with due diligence & application of mind by
DOPT, may be understood but the non-implementation of the same at all is never
understandable. If the grant of the prescribed grade is not possible within 20
years, we may be granted the same after completion of 21, 22, 23, 24, 25, 26,
27, 28, 29 or even 30 years (after
completion of 1½ times of qualifying service based on the precedent of CSS
of promoting all the Section Officers to the STS post of Under Secretary after
completion of 1½ times of qualifying service in 1999).
6. The claim of the Central Excise
Superintendents becomes even stronger on account of the judicial powers granted
to them to adjudicate the relevant cases and recording statements like a
Magistrate under Section 14 of Central Excise Act and Section 108 of Customs
Act having validity even before the Supreme Court. Not only it, the Adjudication
Orders are also being prepared by them for the Commissioner level officers. No
such powers have been granted to any Group ‘B’ Gazetted officer of the Govt. of
India.
7.
Keeping in view the above submissions, it is requested that the due steps may
kindly be taken independent of cadre restructuring to devise the specific
scheme (by means of functional or even non-functional financial upgradation)
for bringing the Central Excise group ‘B’ executive officers at par with their
best placed common entry counterparts like CSS etc. on batch to batch basis
after entry into group B non-gazetted grade. This will also remove the
Intra-Central Excise Zonal disparities being existed in CBEC being the only way
to remove these disparities.
Thanking you,
Yours
faithfully,
(RAVI
MALIK),
Secretary General.
Copy
with the request for necessary action to:
1)
The Finance Minister, Govt. of India, North Block, New Delhi.
2)
The Prime Minister of India, South Block, New Delhi.
ALL
INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:
Address for communication: Secretary
General:
Lokanath Mishra 240, Razapur,
Ghaziabad-201001 (U.P.) Ravi
Malik
Vice Presidents: Sampat
Rai, Vatan Kamble (Central); Anurag Chaudhary, Ravi Joshi (North); A. Ravinder
Singh, Rajan G. George (South); A. S. Roy, Shubhrangshu Deb (East); P. D.
Nimhan, S. K. Jha (West)
Joint Secretaries: Anand Kishore, Laxmi
Lal Singhvi (Central); N. N. Lal, R. K. Solanki (North); G. Srinath, S.
Chandrasekar (South); Ashwini Majhi, V. N. Jha (East); G. K. Jhala, M. K. Misra
(West)
Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob.
09871483585)
(Recognised
by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 128/NFU/14 Dt. 19.06.14
To,
Ms. Nirmala Sitharaman,
The Hon’ble Minister of State, Department of Revenue,
North Block, New Delhi.
Sub:
Batch to batch Non Functional Financial Upgradation to the Central Excise
executive officers at par with the counterparts of CSS.
Madam,
It is submitted with due regards
that all organised group ‘A’ officers recruited with IAS, the best placed group
‘A’ service, in the same pay scale through common entry examination conducted
by UPSC have been granted financial parity with the counterparts of IAS. They
have been granted non-functional financial up-gradation vide DOPT OM No.
AB.14017/64/2008-Estt.(RR) dt. 24.04.09 to compensate the lack of promotions as
compared with IAS. But nothing such has occurred to group ‘B’ officers.
2. The CSS officers are the best placed
group ‘B’ officers of Govt. of India like IAS in group ‘A’. The group ‘B’
officers at the level of Inspector of Central Excise and the Assistant of CSS
are recruited in a common scale of pay through common entry examination conducted by SSC. The officers
recruited as Assistant (Group-B, Non Gazetted) in the Ministries get the
benefit of promotions upto the Joint Secretary level, i.e., i) SO with GP of
Rs.4800/- (Rs.5400/- in PB3 after 4 years of service) ii) US with GP of
Rs.6600/- iii) DS with GP of Rs. 7600/- iv) Director with GP of Rs. 8700/- and
v) JS with GP of Rs. 10000/-. However, their counterpart Inspectors of Central
Excise in Central Board of Excise & Customs recruited as Group ‘B’ (Non
Gazetted) through same All India competitive examination get only one promotion
in 35/40 years of career. Assistants/Section Officers are working in
headquarters offices on policy making seats whereas Inspectors/Superintendents
of Central Excise are working on more important seats of revenue collection in
the field formations. Despite of working on more important seats,
Inspectors/Superintendents of Central Excise are not treated at par with the
counterparts of CSS. These CSS counterparts are retiring 4-5 grades above the
officers recruited as the Inspector of Central Excise. On account of this, the
CSS counterparts are getting 60% more pay than the officers recruited as
Inspector of Central Excise. Even the pension of CSS counterparts is more than
the salary of the officers recruited as Inspector of Central Excise. The
Inspectors of Central Excise are recruited in PB2 and also retire on a PB2 post
of Superintendent barring around 1% while all of their common entry
counterparts of CSS easily reach PB4 levels after being recruited with them in
PB2. It is also worth to submit that the revenue officers are highly placed
throughout the world in the matter of salary, perks and career prospects as
compared to other employees but, very unfortunately, our officers are facing
the worst prospects.
3. The group ‘A’ officers are selected
under Central Staffing Scheme in the Ministries on deputation basis from
organized Group ‘A’ Services or from CSS being promoted from the post of
Assistant/Section Officer but no such opportunity is available to the
Inspectors/Superintendents of Central Excise who are not only looking after the
work relating to collection of Central Excise duty but also looking after the
work of collection of Customs duty (including Inland Air Travel Tax &
Foreign Travel Tax) and Service Tax. Needless to submit that they are already
earning the major portion of the Govt. revenues. It is also worth to submit
that the Govt. of India has regularly been earning the revenue far ahead of the
targets in r/o of Central Excise duty, Customs duty and Service Tax
particularly due to the efficient, committed & effective efforts of Central
Excise Inspectors/Superintendents.
4. Above facts very well manifest the
injustice meted to officers recruited as Central Excise Inspector despite of
the most important work of revenue collection being done by them. During this
course, they have been facing every threat including life & person on them
as well as their families by the
chronic
revenue offenders, dreaded hardcore smugglers and white collared criminals
alongwith tremendous administrative pressures. Thus, the officers recruited as
the Inspector of Central Excise deserve a far better treatment in every aspect
including pay, perks and career prospects. The grant of the non-functional
financial upgradation on batch to batch basis at par with common entry counterparts
of CSS etc. after entry into group B Non-Gazetted grade may really be a solace
for these hard working Central Excise officers.
5. The Central Excise Superintendents have been facing continuous
acute stagnation for decades. Out of
more than 11500 Central Excise Superintendents, around 10000 are already
eligible for promotion to group ‘A’ having rendered many times more than the
qualifying service.
6. As far as the importance of the
responsibilities is concerned, Superintendents are discharging all functions
relating to assessment, investigation & intelligence, issuance of Show
Cause Notices with the powers of adjudication. They have not only been
conferred with the judicial powers of adjudication but also conferred with
judicial powers of recording statements in terms of Section 14 of the Central
Excise Act and Section 108 of the Customs Act.
The statements tendered before the Central Excise Superintendent have a
legal binding and are treated as a valid piece of evidence by various courts
including the Hon’ble Supreme Court just like the statements tendered before a
Magistrate. No such powers have been conferred to the CSS officers or any other
counterparts of Central Excise Superintendents/Inspectors. Not only it, the
Adjudication Orders are also being prepared by them for the Commissioner level
officers. It is also important to mention that the judicial officers are not
only already being highly paid with extra perks but also treated in a far
better way in the matter of career prospects than our Superintendents. Though
the Central Excise Superintendents are performing more responsible work
functions as compared to other counterparts, yet they are facing the worst
career prospects instead of being given better treatment. This injustice is
being faced by them despite of being the ‘backbone of the government revenue’
on account of being the major revenue collectors in the form of Central Excise
duty, Customs duty & Service Tax and also GST in the forthcoming times. In
actual terms, they are the ‘backbone of the government’ being responsible to
earn finance for government. This all makes their claim even stronger for
better treatment. But very unfortunately, they are being totally ignored in
every matter.
7. In view of above, it is requested
that the officers recruited as Inspector of Central Excise may kindly be
granted at least non-functional financial upgradation at par with their
counterparts of CSS on batch to batch basis after entry into group ‘B’
non-gazetted enabling them also to retire in PB4 like many of their
counterparts.
Thanking you,
Yours
faithfully,
(RAVI MALIK),
Secretary General.
Copy
with the request for necessary action to:
1)
The Finance Minister, Govt. of India, North Block, New Delhi.
2)
The Prime Minister of India, South Block, New Delhi.
(RAVI MALIK)
