ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
Patron
Chief Patron
Patron
A.
Venkatesh
Ravi Malik
C. S. Sharma
Mob. 7780255361 Mob. 9868816290 Mob.
9313885411
President:
Address for communication: Secretary
General:
T. Dass Flat No. 6,
SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Vice Presidents: B L Meena, K V Sriniwas (Central) Chinmoy Ghosh, Rajashish Dutta
(East) Ashish Vajpayee, Amadul Islam (North) B Pavan K Reddy, M Jegannathan
(South) Sanjeev Sahai, U D Meena (West) Joint Secretaries: S P Pandey, T
A Manojuman (Central) Apurba Roy, Siddhath Tewari (East) A K Meena, S K
Shrimali (West) Anand Narayan, Prabhakar Sharma (North) H Sadanand, M Nagaraju
(South); All India Coordinator: B L Meena Office Secretary: B C
Gupta Treasuer: Manoj Kumar 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)
Office address: 206, B wing, CGO Complex
II, Kamla Nehru Nagar, Ghaziabad
Ref. No. 29/AIB/S/20
Dt. 10.02.20
To,
Sh. M. Ajit Kumar,
Chairman,
CBIC,
North
Block, New Delhi.
Sub: In rem implementation of the Subramaniam
verdict.
Sir,
Kindly
refer to the various communications of the Association made on the above subject.
2.
Your kind attention is invited to the verdict given by the Hon’ble CAT of
Allahabad in OA No. 330/01005/2019. It is very clearly mentioned in the
paragraph No. 14 of the order that the verdict is to be implemented in rem.
The Hon’ble CAT has ordered under paragraph No. 15 to give the benefit of the judgment
to all the persons who are entitled to the same whether they are retired or in
service. The Hon’ble CAT further ordered to complete the exercise within a
month of the receipt of the certified copy of the order. Same type of order
was given earlier by the Hon’ble CAT in OA No. 1318/2018 but, very
unfortunately, the same was implemented in personam by the CBIC. Under
paragraph No. 6 of the judgment given in OA No. 310/01524/2019, the Hon’ble CAT
of Chennai has also ordered to implement the verdict in rem.
3. The benefit is being given only to those officers who are approaching
the legal courts. As a result, the verdict has been implemented in various
zones in the case of the petitioners only. It means that our thousands of
affected officers should approach the legal courts despite of the govt. policy
for minimum litigations. It is really discriminatory not to implement the
verdict in rem.
4. It is reiterated that the verdict settled at the level of the Apex
Court is always treated as the law of the land as also being followed and
implemented by our CBIC in revenue matters. But unfortunately, Subramaniam
verdict is not being implemented despite of the review petition in SLP of the
CBIC also being dismissed by the Hon’ble Supreme Court.
5.
In view of the above, it is
once more requested to kindly implement the verdict in rem without forcing thousands
of officers to be litigants.
Thanking you,
Yours
sincerely,
(HARPAL SINGH),
Secretary
General.
