" 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.

Monday, 13 May 2019


ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                              Address for communication:                                       Secretary General:
A. Venkatesh                  240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361  mail Id:ravimalik_sweet@yahoo.com   Site: cengoindia.blogspot.in   Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha  (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Pranave Shekhar (North); B. Pavan K. Reddy, M. Jegannathan (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central) Office Secretary: C. S. Sharma Treasuer: N. R. Manda Organising Secretary: Soumen Bhattachariya
(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. 100/AIB/P/19                                                                          Dt. 13.05.19
To,
The Secretary DOPT,
North Block, New Delhi.

Sub: Draft minutes of the 47th meeting of the National Council.
Sir,
            Kindly refer to the draft minutes of the 47th meeting of the National Council issued vide F. No. 3/1/2019- JCA Dt. 30.04.19 by the Establishment (JCA) Section of the DOPT.
            2. Your kind attention is invited to the reply given against the Item No. 31/19/NC-47 under the para 6.4.16 of the draft minutes. Under this para, the staffside raised the issue of the implementation of the order/judgement given by the legal court in rem.
3. The reply from the side of administration was that the court judgements which are contrary to the government policy can be implemented only in consultation with the DoPT or DoE as the case may be.
 4. In this regard, your kind attention is also invited to the CBIC letters F. No. A-18013/3/2007-Ad.IV(A) Dt. 05.09.07 and F. No. A-32022/26/2013/-Ad.IIIA Dt. 13.12.13 directing the field formations to ask first CBIC before the implementation of any court order/judgement. The above mentioned reply given to the staffside as well as the DOPT OMs issued vide No. 28027/9/99-Estt.(A) Dt. 01.05.2000, F. No. 28027/1/2016-Estt.A-III Dt. 26.03.16, F. No. 28027/1/2016-Estt.A-III Dt. 09.12.16 etc. also contain the same type of matter as was present in the CBIC letters Dt. 05.09.07 and 13.12.13.
5. Inviting your kind attention to the order Dt. 27.09.18 of the Hon’ble High Court of Delhi in W.P.(C) 11277/2016, it is to submit further with due regards that the Hon’ble High Court of Delhi took serious note against the CBIC letters like F. No. A-18013/3/2007-Ad.IV(A) Dt. 05.09.07 and F. No. A-32022/26/2013/-Ad.IIIA Dt. 13.12.13. These letters say, “in cases where the Court orders are adverse to the interest of the department/Government, such orders should not be implemented without clearance of the Board”. The Hon’ble High Court took strong exception to these letters and was prima facie of the opinion that such letters invite contempt of Court. However, at the request of the ASG, the Hon’ble Court refrained from passing further orders and offered an opportunity to the CBIC to withdraw the letters. Thus, it is very clear that any government department including nodal departments like DOPT & Expenditure is never above the Hon’ble Court and it is contemptuous not to follow the court orders. So, needless to submit that the issuance of any communication like letter Dt. 05.09.07 and 13.12.13 of CBIC (now withdrawn vide F. No. C-18012/3/2015-Ad.II B Dt. 12.10.18 of CBIC in compliance of the directions of the Hon’ble High Court of Delhi) amounts to be contempt of the Hon’ble Courts.   
6. Your kind attention is also invited to the verdict given by the Hon’ble Apex Court in SLP No. 77457/2017 in r/o the order Dt. 23.03.17 given by the Hon’ble High Court of Delhi in WP No. 2634/2017 in which the Apex Court said,“Once the question, in principle, has been settled, it is only appropriate on the part of the Government of India to issue a circular so that it will save the time of the court and the Administrative Departments apart from avoiding unnecessary and avoidable expenditure.” The Hon’ble Court further directed the Government of India to immediately look into the matter and issue appropriate orders so that people need not unnecessarily travel either to the Tribunal or the High Court or the Supreme Court. 
7. Further, your kind attention is invited to the orders of the Hon'ble Supreme Court in P.K. & Ors. V. K. Kapoor & Anr. JT 2007 (12) 439, Inderpal Singh Yadav & Ors., State of Maharashtra Vs. Tukaram Trymbak Choudhary by order dated 20.02.2007, Dt. 17.10.14 in the Civil Appeal No. 9849 of 2014 in the matter of State of Uttar Pradesh & Ors Vs. Arvind Kumar Srivastava & Ors etc. mandating to give the benefit of court verdict to all equally placed persons. The Hon'ble Supreme Court in the judgment Dt. 17.10.14 in the Civil Appeal No. 9849 of 2014 in the matter of State of Uttar Pradesh & Ors Vs. Arvind Kumar Srivastava & Ors held as under: 
“Normal rule is that when a particular set of employees is given relief by the Court, all other identically situated persons need to be treated alike by extending that benefit. Not doing so would amount to discrimination and would be violative of Article 14 of the Constitution of India. This principle needs to be applied in service matters more emphatically as the service jurisprudence evolved by this Court from time to time postulates that all similarly situated persons should be treated similarly. Therefore, the normal rule would be that merely because other similarly situated persons did not approach the Court earlier, they are not to be treated differently.”
8. In view of the above, it is requested to kindly implement the court orders/verdicts/judgements in rem instead of in person until orders/verdicts/judgements are given to be implemented specifically in person and withdraw the reply in draft minutes of the meeting of National Council as well as the OMs like No. 28027/9/99-Estt.(A) Dt. 01.05.2000, F. No. 28027/1/2016-Estt.A-III Dt. 26.03.16, F. No. 28027/1/2016-Estt.A-III Dt. 09.12.16 etc.
Thanking You,           
                                 Yours sincerely,
                                                                                               
(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1. The Cabinet Secretary, Govt. of India, President House, New Delhi.
2. The Secretary, Department of Expenditure, North Block, New Delhi.
3. The Secretary, Department of Legal Affairs, New Delhi.