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
Mob.9848088928 mail
Id:aiacegeo2019@gmail.com
Site:cengoindia.blogspot.in Mob.9717510598
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, Siddharth 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. 120/AIB/S/20
Dt. 29.07.20
To
Sh. M. Ajit Kumar,
Chairman,
CBIC,
North Block,
New Delhi.
Sub: In rem implementation of the Subramaniam
verdict.
Sir,
Kindly
refer to the earlier various communications of the Association made on the
above subject.
2.
Your kind attention is also invited to the verdict given by the Hon’ble CAT of
Allahabad in OA No. 330/0296/2020. It is very specifically mentioned in the
paragraph No. 7 of the order that the verdict is to be implemented in rem.
The Hon’ble CAT has ordered under paragraph No. 8 to ensure the benefit of the
judgment to be given to all the persons who are entitled to the same whether
they are retired or in service. This is fifth such type of verdict given by
the Hon’ble CAT of Allahabad in a raw but, very unfortunately, the verdicts are
not being implemented in rem 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. In various verdicts, the Hon’ble Supreme Court
has also said that similarly placed persons don’t need to approach the court in
r/o an already decided issue directing the govt. to issue the order to give
benefit to all similarly placed persons.
3. But 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 and the order being of
in-rem nature.
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.
Copy with the request for necessary action to-
The Finance Secretary, North Block, New Delhi.
