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. 133/AIB/R/20
Dt. 19.08.20
To,
Sh. Amrit Pal Singh Suri,
Principal Chief Commissioner,
CGST & CX, Kolkata Zone.
Sub: Posting of Superintendents in
CCP, WB.
Sir,
Kindly refer to the letter Ref.No.
Assoc-1/AIACEGEO/Kol/150/2020 Dt. 14.08.2020 written to your goodself by the
General Secretary of the Kolkata Unit of the Association.
2. As the Association came to know,
it is to submit with due regards that the worthy Chief Commissioner of Customs,
Kolkata has communicated certain points through a letter to your good office regarding
transfer/posting of the Superintendents in the zone and criteria for posting in
Customs formation. If it is so, the Association is not in agreement to the
points raised by the worthy Chief Commissionerate of Customs.
3. Inviting your kind attention to
the various communications of the CBIC to consult the Association in the matter
of transfer/posting of the officers, the following facts/points are submitted
hereby for your kind consideration-
i) It
certainly touches the pride of CGST (erstwhile Central Excise & Service
Tax) fraternity for manning all land Customs and also DRI successfully since
1962. Now, after so many years, question is being raised about our ability to
work as Customs Officer. The letter of the worthy Chief Commissioner of Customs
in general is very insulting to entire CGST fraternity.
ii) The
letter, as is learnt, is challenging the authority of the Zonal Head
undermining the cadre controlling competence of the Cadre Control Authority. It
is clear transgression into the jurisdiction of the competent authority. Even
the matter has gone to such extent that a committee has already been formed for
the purpose which is very disturbing and astonishing.
iii) As
far as the initial recruitment process is concerned, higher placements in the
combined merit list mattered for the selection for the post of Inspectors in
Central Excise than Customs Examiners and Preventive Officers.
iv) It
is not understandable how the question of eligibility has come this time when
90% of the officers posted in the current order have past experience of working
in Customs formation.
v) This
is not a fresh appointment for which interview, training etc. are required. However,
training to both, Customs and CGST officers, is being imparted by NACIN, EZ time
to time.
vi) The
difference between the quality of officers of GST and Customs is very much
ascertainable from the higher officers under whom they work together in
Directorates.
vii) The
ability of the GST (erstwhile Central Excise) officers is evident, if we look
at the COFEPOSA cases dealt by the officers.
viii) At
any given point of time, it could be confirmed that the ratio of cases booked
as well recoveries made by P & I unit of CCP, WB manned by the GST officers
is much higher than the combined figure of DIU & SRI of completely manned
by the Customs officers.
ix) If
the preventive units under CCP, WB were made active in the form of manpower and
equipments the scenario could have been much more different altogether.
x) It is
also not understandable how the Cadre Control Authority could be asked from
Customs end to keep the entire AGT order for Superintendents in abeyance.
4. Besides
everything, this issue is a policy
matter to be decided at the Board level having pan India ramification. The CBIC
have already decided which Customs formations are to be manned by Central
Excise/CGST personnel and which by Customs personnel at the time of
reorganisation. Any field formation has no role to decide it independently.
5. In
view of above, it is requested to kindly implement the present order of AGT
without alteration by directing the concerned authorities to carry out the AGT
order in letter and spirit. It is also requested to kindly give due directions
to withdraw E.O. No. 48/2020 Dt.d 12.08.20 issued by the Kolkata North
Commissionerate where the relieving of Superintendents has been held up. The
holding of relieving is demoralizing a large section of officers particularly
who are to return from Non-CCA area after already spending 4-6 months extra
than the scheduled tenure in horrible time of corona away from home.
Thanking you,
Yours
sincerely,
(HARPAL SINGH),
Secretary
General.
Copy with the request for necessary action as the field formation has no authority to decide the
issue-
The Chairman, CBIC, North Block, New Delhi.
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. 134/AIB/R/20
Dt. 19.08.20
To,
Sh. Gurdeep Singh,
Principal Commissioner,
Customs Preventive, NCH,
New Delhi.
Sub: Implementation of Subramaniam verdict in compliance of
OA No. 598/2020 and 599/2020 of the CAT (PB), New Delhi.
Sir,
Kindly refer to letter C. No.
II-34(55)CCA/MACP/RKC&NB/20/4057 dt. 31.07.20 o/o the Chief Commissioner,
CGST, Delhi Zone..
2. It
is to submit with due regards that the pay of some officers has been fixed
w.e.f. 21.04.08 instead of 01.01.06 to implement the verdict despite of four
years of service completed by the officer in the pay scale of Superintendent as
on 01.01.06. The dealing hand and CAO have committed gross mistake in fixing the
pay incorrectly to implement the verdict in this manner. It is also well
pertinent to mention such incorrect fixation of pay based on the said verdict
is happening nowhere throughout the country including other Commissionerates of
Delhi CGST as well as Customs under Delhi Zone by misinterpreting the order. It
seems that the concerned dealing hand and also the CAO have not applied their
mind et al.
3. Your kind attention is invited to
the clarification issued by the Board vide F.No.A.26017/98/2008-Ad.II.A dt
21.11.08. This clarification clarifies that the officer will be given
non-functional upgradation w.e.f. 01.01.06, if he/she completes four years on
01.01.06 or earlier in the pay scale of Rs. 7500-12000/- (pre-revised). The
misinterpretation of the order by the dealing hand and CAO is that the officer
would be given the benefit of non-functional upgradation on completion of four
years in the pay scale of Rs. 7500-12000/- as the said pay scale came into
existence on 21.04.04. They do not understand that the officers completing four
years in the pay scale of Superintendent (whether Rs. 7500-12000/- or any other
else) as on 01.01.06 or earlier are to be given the said benefit.
4. Your
kind attention is also invited to the further clarification issued by the Board
vide F.No. A-26017/98/2008-Ad. II A dt 16.09.09. This clarification clearly
clarifies that the benefit is to be given to the officers who have completed
four years of service as on 01.01.06 as Superintendent irrespective of the pay
scale attached to the post.
5. So, it is very clear in r/o the
present scenario that the benefit is to be given to the officers who have
completed four years of service as on 01.01.06 in the pay scale of
Superintendent, whether it is Rs. 7500-12000/- or Rs. 6500-10500/- or any other
else.
6. In view of the above, it is
requested to kindly direct the CAO to grant the benefit of the upgradation-
i) w.e.f.
01.01.06 instead of 21.04.08 to the officers completing four years of service
in the pay scale of Superintendent on 01.01.06 or earlier.
ii)
on the respective date of completion of four years of service in the pay scale
of Superintendent to those officers who complete the service in the pay scale
of Superintendent before 21.04.08.
Thanking you,
Yours
sincerely,
(HARPAL
SINGH),
Secretary
General.
Copy with the request for necessary action to:
The Chief Commissioner, Customs Preventive, North Zone, NCH, New Delhi.
