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
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. 181/AIB/A/19
Dt. 13.08.19
To,
Sh.
Ashok Kumar Pandey,
Member
(Admin & Vigilance), CBIC,
North
Block, New Delhi.
Sub: Decision of the meeting to
discuss the issue relating to 02 Associations claiming their legal right for
All India Association of Central Excise Gazetted Executive Officers- reg.
Sir,
Kindly
refer to the letter F.No.12017/07/2017-Ad.IV-A Dt. 08.08.19 of the CBIC on the
above subject floating on the social media as well as the letter Ref. No.
155/AIB/A/19 Dt. 12.07.19 of the Association.
2.
It is to submit with due regards that it has been communicated by the above
referred letter that two associations cannot exist with the same name and
cannot operate without recognition. It has also been communicated that as per
the extant provisions, once a member is promoted, his membership ceases. It has
further been communicated that “Any amendment in the constitution/by-laws of
the Service Associations, after its recognition under these Rules, shall be
made only with the prior approval of the Government. Therefore, any amendment
made to the constitution/by-laws without the prior approval of the Government
is not valid.
3.
In above regard, it is to submit with due regards that it is true that two
associations cannot exist with the same name. That’s why the Association is
submitting since very beginning that Sh. Manimohan & associates can’t
use the name of this Association.
4.
As far as the recognition is concerned, this Association is already recognized vide
the letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08 of the CBIC. This
Association was further granted the IInd stage recognition vide the letter
F.No. B. 12017/10/2012-Ad.IV A Dt.25.05.13 of the CBIC. It is also worth to
mention that there remains no stage either for further recognition or renewal
as per the RSA Rules, 1993.
5.
As far as Sh. Manimohan & associates are concerned, neither they have
ever been granted initial/Ist stage recognition nor their constitution has been
approved by the CBIC.
6.
As far as the amendment in our Constitution is concerned, it was communicated
to the CBIC in the amended form for the approval of the CBIC but it seems that
it was kept buried by the concerned section/dealing hand due to the reasons
known to him only. We got nothing adverse till date in this regard from the concerned section.
Rather we were also invited vide letter F. No. 8/B/137/HRD(HRM)/2013 Pt. IV Dt. 31.01.18 for the meeting
held on Group ‘A’ officers’ transfer/posting giving every reason to us to
believe that our Constitution has duly been accepted/approved by the CBIC, the promotee Group A
officers being the members of the AIACEGEO. Needless
to submit that everything is deemed to be accepted/approved, if nothing adverse
is communicated within a reasonable time. It is to reiterate that
the CBIC have also given affidavit in the Apex Court in the favour of this
Association in
SLP (C) No. 4870-4871/2018. Again needless to submit that nothing is more
legal than the things submitted before the Apex Court. The filing of the
affidavit by the CBIC in the Apex Court in of favour this Association is the
greatest evidence that it is the only legal Association.
7. Your kind attention is also invited to the query made by your goodself
concluding the meeting of 12.08.19 to the Principal Commissioner of
Coordination to verify/confirm the position in the Income Tax in r/o Income Tax Gazetted Officers Association and other associations
under CBIC whether the promoted officers are the member of the Association alongwith
the feeder cadre officers. We don’t know whether the position have been
verified/confirmed or not but it is to reiterate that “Not
only the promotee Group A officers are the members as well as the office
bearers in the Income Tax Gazetted Officers Association
but the promoted officers are also the members as well as the
office bearers in the other associations in the CBIC itself”.
8.
Even otherwise, membership category for the association purpose never
changes on ad hoc promotion as also clarified by Govt. of India, Ministry
of Communications & IT, Department of Posts vide letter No. 13/03/2014-SR
Dt. 27.05.15 which has already been produced many time to the CBIC.
9.
As far as the question of the feeder and promotional cadre being the member of
Association is concerned
a)
The Examiners (feeder post) and Appraisers (promotional post) are also the
office bearers/members of the All India Appraising Officers Federation
w.r.t. the reply given by the CBIC in r/o online RTI registration No.
CBECE/R/2019/50268. Their President as well as Secretary is Appraiser whereas
Treasure is Examiner as on date.
b)
As on date, the Income Tax Gazetted Officers Association
(ITGOA) in CBDT in our own Department of Revenue also consists feeder posts as
well as promotional posts, i.e., Income Tax Officers, Asstt. Commissioners,
Deputy Commissioners, Joint Commissioners and above, as its members as well as office
bearers. As on date also, their President is Deputy or Asstt. Commissioner.
Their Treasure is even a Joint Commissioner as on date and once upon a time,
their President was also an Additional Commissioner.
c)
Not only it, the Customs Preventive Service Officers Federation also
consists of Preventive Officers (feeder post) and Superintendents (promotional
post) as its members as well as office bearers in our own CBIC. Their
President, Secretary and Vice President are Superintendents whereas Treasure, another
Vice President and Joint Secretaries are Preventive Officers as on date.
d)
Likewise, the Association/Federation representing direct recruit Customs
Appraising Officers also consists feeder posts as well as
promotional posts, i.e., Appraisers to Addl. Commissioner, as its members as well as
office bearers in our own CBIC.
e)
Same is the position in the direct recruit IRS Officers Association in
CBIC itself which also consists feeder posts as well as promotional
posts, i.e., Asstt. Commissioner to Commissioner and above, as its members as well as
office bearers. In their last elections held on 11.09.18, their President was
elected a Commissioner and Secretary was Deputy Commissioner. They elected
their other office bearers even upto the rank of Principal Commissioner.
f)
Same is the position in the Ministerial Officers Associations/Federations
in CBIC itself which also consist feeder posts as well as promotional
posts, i.e., TA, STA, AO, CAO etc. as its members as well as
office bearers.
10.
Now, the question of law arises why the officers belonging to the feeder
posts as well as promotional posts, i.e., promotee Asstt. Commissioners and
other higher promotee Group A officers, can’t be the members/office bearers of
the All India Association of Central Excise Gazetted Executive Officers
alongwith Superintendents, if they can be the members/office bearers of all of
the above mentioned Associations/Federations under our own CBIC/Department of
Revenue.
11. Moreover, as per RSA Rules, 1993, the
Association is formed for the furtherance of the common interest without
favouring or opposing any particular category or individual. The issues
relating to any category or individual may only be taken up separately without
using the platform of the Association. The Association should also not be
politically affiliated and also should not be associated with the politically
affiliated/motivated organization/s. But unfortunately, Sh. Manimohan &
associates are opposing the interest of the promotee officers, sportspersons,
Inter Commissionerate transferee officers, compassionate appointee officers
etc. by pursuing the Parmar verdict in the Bharathan case since very beginning.
They are also opposing the interest of the reserved category SC/ST officers
since very beginning. They are also looking the interest of the particular
zone/zones instead of looking for the common interest of all zones. No
need to submit that the Association should take a
neutral stand on such issues because of the same not being of common interest
for all members. Further, Sh. Manimohan group is also opposing the DPC for
promotion under their vested interest which also doesn’t fall under the
category of common interest of the members. So, they can no way be termed as a
legal association and be given no recognition on account of not furthering the
common interest of the members as per RSA Rules, 1993.
12.
Not only it, they have also joined the politically motivated organization
of the Confederation of Central Government Employees which already has
politically affiliated trade unions as its constituents. Needless to submit
that any type of political affiliation/inclination/association is not allowed
under the Conduct Rules. The group being indulged in such activities can never
be termed as the legal Association as per the RSA Rules.
13.
It seems that an already decided issue has again been arisen by the
concerned section vide the letter Dt. 08.08.19 because the CBIC has already
decided the issue as evident from-
a)
The various letters being continuously addressed to the Association.
b)
The invitation to the Association for the meeting of 09.02.18 on
transfer & placement guidelines for IRS (C&CE) officers.
c)
Attending the Hyderabad AEC meeting by the Member (Admn) as well message given
by the Chairperson.
d)
The affidavit given by the CBIC in the favour of the Association in SLP
(C) No. 4870-4871/2018 in the Apex Court.
14.
However, the basic question of the law is which Convention (Gandhidham
or Chennai) is valid and legal. This basic issue is to be decided by the CBIC
based on the above submissions to decide the legality of the Association. Thus,
the issue is to be legally decided as on 28.05.17, i.e., the date of the
Convention as the so-called other association was formed on this day only. If
another association is to be formed, it is reiterated that it shall be formed
in another name different to the name of already existing association. In no way, the new association can use
the DDO certificates issued in the name of the existing one. Accordingly, the
new association has also to seek fresh recognition as per the RSA Rules after
submitting the new DDO certificates of the member officers being subscribed in
the new name of the Association.
15.
As far as the CCA(RSA) Rules, 1993 are concerned, these noway disqualify the promotee
Asstt. Commissioners or promotee Group A officers to be the members of the
Association alongwith Superintendents. These rules say that the Association may
be formed by the officers falling under “distinct category”. In our case,
distinct category is “gazetted executive officer” like Income Tax Gazetted
Officers Association (ITGOA) having distinct category “gazetted officer” which
is very well covered under the rules and also evident from the name of the
Association itself.
16.
In view of the above, it is requested to take an appropriate and legal decision
on the issue also considering all of the earlier submissions made by the
Association on the issue ruling out any possibility of arising any question of
law. It is also submitted that the issue is to be decided as on 28.05.17 as the
splinter group formed the so called association on this day sitting in a closed
room without following legal procedure. As also requested in the meeting of
12.07.19 and vide letter Ref. No. 155/AIB/A/19 Dt. 12.07.19 of the Association,
it is again requested that a detailed speaking
order may kindly be passed deciding the following questions of law among others
giving due considerations to all points submitted by the Association in current
as well as earlier submissions including its Ref. No. 07/AIB/A/17 Dt. 11.06.17,
Ref. No. 47/AIB/A/17 Dt. 24.07.17, Ref. No. 65/AIB/A/17 Dt. 02.08.17, Ref. No.
70/AIB/A/17 Dt. 04.08.17, Ref. No. 77/AIB/A/17 Dt. 19.08.17, Ref. No.
90/AIB/A/17 Dt. 06.09.17, Ref. No. 147/AIB/A/17 Dt. 08.11.17, Ref. No.
157/AIB/A/17 Dt. 16.11.17, Ref. No. 05/AIB/B/17 Dt. 05.01.18, Ref. No.
37/AIB/A/18 Dt. 08.02.18, Ref. No. 48/AIB/A/18 Dt. 20.02.18, Ref. No.
39/AIB/G/19 Dt. 15.02.19, Ref. No. 155/AIB/A/19 Dt. 12.07.19 etc. before
concluding the matter-
i)
Whether any Convention and General Body meeting can be termed as legal or valid
without having required quorum?
ii)
Whether any Association formed based on the Convention and General Body meeting
having incomplete quorum can be termed as legal Association?
iii)
Whether the question of legality of any Association can be raised even after
affidavit being given in the favour of the Association by the CBIC in the Apex
Court?
iv) Whether
the sarcastic comments like “Match fixing successful” should not be treated as the
contempt of the Hon’ble Supreme Court and derogatory to our CBIC also?
v)
Whether any Association can be termed a legal Association despite of furthering
the interest of any particular individual/s or any particular category or any
particular region/zone and opposing others instead of furthering the common
cause/interest?
vi)
Whether any Association can be termed a legal Association despite of opposing
the interest of any particular individual/s or any particular category or any
particular region/zone instead of furthering the common cause/interest?
vii)
Whether any Association can be termed as legal Association despite of having
political inclination and being associated with an organization having
politically affiliated constituents?
viii)
Why can this Association not have the officers belonging to feeder and
promotional posts as members, if other associations can have?
ix)
What is the status of the ad hoc officers regarding the membership of the
Association?
x) Whether anybody can be the
office bearer or member of the Association after his/her resignation from the
Association or job?
xi)
Whether anybody can represent five units despite of not being even the
executive member of any unit?
17. Accordingly, it is also requested
that-
(i) The
DDO certificates submitted by Sh. Manimohan group may kindly be treated/counted
to be related to this Association only on
account of the subscription being deducted in the name of AIACEGEO as
there can exist no other Association in the name of AIACEGEO except this one.
(ii) Sh. Manimohan group or any other
person or group of persons may kindly not be allowed to use the name of this Association.
Thanking you,
Yours
sincerely,
(RAVI
MALIK),
Secretary
General.
Copy with the request for necessary action to:
(1) The Cabinet Secretary, President House, New Delhi.
(2) The Revenue Secretary, North Block, New Delhi.
(3) The Chairman, CBIC, North Block, New Delhi.
(4) The DG, HRM, CBIC, New Delhi.
(5) The Commissioner (Coordination), CBIC, New Delhi.
(6) The Joint Secretary (Admn), CBIC, New Delhi.
(7) Director, Ad IV, CBIC, New Delhi.
(8) The Under Secretary, Ad IVA, CBIC, New Delhi.
