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 Liaisoning Secretary: Bhoopendra Singh
(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. 100/AIB/D/20
Dt. 15.06.20
To,
Sh. M. Ajit Kumar,
Chairman,
CBIC,
North Block,
New Delhi.
Sub: Meeting held
through video conference on 10.06.20 on DPC for the post of Asstt. Commissioner.
Sir,
Kindly refer
to the meeting held on
10.06.20 through video conference under your kind Chair.
2. It is to submit with due regards
that it was observed during the meeting that S/Sh. R. Manimohan and Shishir Agnihotri
were adamant to implement the Bharathan and Parmar verdicts for all before the
DPC is convened. They opposed the convening of DPC overwhelmingly in the name
of implementation of the Bharathan/Parmar verdict and put all arguments to stop
the DPC despite of knowing that our officers are retiring every month without
promotion for the want of DPC. These officers are literally crying at the time
of retirement for not getting promotion despite of thousands of promotional posts
being vacant.
3. As far as the adamancy of Sh.
Manimohan group not to convene DPC in the name of the implementation of the
Bharathan/Parmar verdict is concerned, it is submitted that the Parmar verdict
has already been overruled by a larger bench of the Hon’ble Supreme Court in
the Meghchandra Singh case. Accordingly, even the implementation of the
Bharathan verdict in the case of the applicants in person doesn’t seem legal
because the verdict in Meghchandra Singh case came very well before the
implementation of the Bharathan verdict. As on date, this is the actual legal
position.
4. However, many of our officers may
be in the favour of the implementation of the Parmar verdict and many other may
be against it. This verdict has also been implemented at a few places in r/o
the local seniority list of the Inspectors but it has neither been implemented
in r/o the seniority list of the Superintendents at the local level nor has
been inserted in the All India Seniority List of Superintendents except Sh.
Bharathan and others in person. But it is true that it should be implemented
uniformly for all, if to be implemented. Likewise, it should not be implemented
even for a single person, if not to be implemented. However, it is reiterated
that its implementation or non-implementation should not be linked with the DPCs
for ad-hoc promotions and the said DPCs no way be affected, stopped or delayed
due to this reason.
5. Sh. R. Manimohan has also given a
conditional letter to convene the DPC saying that DPC should be conducted as
per rules, regulations and court decisions. This letter again very well shows
that he is not in the favour of DPC perhaps due to the reason that he is not
going to be promoted. He is totally unable to understand the pain of the
officers retiring without promotion. He has established habit of working in the
vested interest as he and his associates once divided the Inspectors
Association also under the vested interest when these all were the Inspectors.
The same trick they played to divide the Gazetted Officers Association under
their vested interest.
6. We are really unable to understand
why our CBIC is giving so importance to these persons. As far as any further
stay on DPC is apprehended, they have no further ground for it after the Parmar
verdict being overruled by a larger bench of the Hon’ble Supreme Court. Actually,
a few of these splinters sat in a close room in Chennai instead of joining the
Gandhidham Convention of the Association in May, 2017 to contest elections at
Gandhidham. They formed their so called Association unauthorisedly and illegally
using the name of this Association. They claim that only the Superintendents
are their members whereas this Association has Superintendents as well as promotee
Group A officers as its members as per the resolution passed in Daman
Convention in which many of these splinters were also the party. This
resolution was passed on the lines of the Income Tax Gazetted Officers Association
and all other Associations/Federations under CBIC, all of which have feeder as
well as promoted officers as their members as also replied by the CBIC vide
letter F.No. A-12013/05RTI/202020-Ad.IV-A Dt. 25.02.20 under RTI.
7. It is also worth to mention that
these splinters have never been granted the recognition as the Association
under the RSA Rules whereas this Association is duly recognized under the said
rules having double stepped recognition, first for two years and further for
five years. As per the RSA Rules, no further renewal is required after it as
there exists no clause of renewal under these rules. However, this Association
duly applied for renewal on insisting for the same by the concerned section submitting
the amended Constitution repeatedly on various occasions. It is also worth to
submit that the CBIC has also already given affidavit in the Hon’ble Supreme
Court in the favour of this Association in
SLP (C) No. 4870-4871/2018 on 09.04.18.
8. In view of the above, it is
requested to conduct the DPC and issue the promotion orders at the earliest on
the basis of the existing All India Seniority List of the Superintendents without
giving any weightage to the objection made by the above said splinters on DPC,
so that our Superintendents don’t retire this month without promotion. If there
is any case pending in any legal court in relation of the seniority, the DPC
may be conducted and promotion orders be issued subject to the outcome of these
cases. All other Associations/Federations except these splinters have already
given their consent for the DPC. It is also requested to conduct the DPC for
the Central Excise/CGST stream, if the CBIC is unable to convene the DPC for
Customs stream due to any reason including the seniority dispute. It is also
requested that these splinters may also kindly not be allowed to use the name of
this Association and they may not kindly be entertained by the CBIC in the name
of this Association.
Thanking you,
Yours
sincerely,
(HARPAL
SINGH),
Secretary
General.
Copy with the request for necessary action to:
1) The DG, HRD, CBIC, New Delhi.
2) The Commissioner (Coordination), CBIC, New Delhi.
