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. 194/AIB/D/20
Dt. 23.11.20
To,
Sh. M. Ajith Kumar,
Chairman, CBIC,
North Block, New Delhi.
Sub:
DPC for the post of Asstt. Commissioner.
Sir,
Kindly refer to
the earlier requests of the Association on the subject matter.
2. It is
submitted further with due regards that no DPC has been held after May, 18
despite of thousands of vacancies being in hand. It is understood that the
promotions are not being affected due to the pending litigations. The latest
case in the matter is being understood the SLP (C) No. 30621/2011 in which the
Hon’ble Supreme Court has ordered to maintain “status quo” on 15.04.19.
3. As far as the status quo regarding any case
is concerned, it is meant to maintain the position of law as on the date of the
order of status quo. Except this status quo, no stay order has
been given by the Hon’ble Supreme Court. In relation of above
mentioned SLP (C) No. 30621/2011, the Hon’ble Supreme Court has already given
very specific order in SLP (C) No.
21288/2017 on 05.06.18 that it is made clear that the Union of India is
not debarred from making promotions in accordance with law, subject to further
orders, pending further consideration of the matter.
4. Your kind
attention is also again invited to DOPT OM issued vide No. 28036/8/87-ESTT.(D)
dated 30.03.1988 which categorically provides for promotion to the vacant posts
on ad-hoc basis subject to the outcome of the court cases in case of court
injunction or any seniority dispute.
5. It is also worth to
submit that the Hon’ble Supreme Court has ordered recently on 15.10.20 in MA
No. 1577/2020 in Criminal Appeal Nos. 1375-1376 that any court stay would
automatically end on expiry of six months.
6. It is also worth to
mention that very recently Enforcement Officers have been promoted to the post
of Asstt. Director on 19.11.20 in our
own Department of Revenue subject to the judgement in SLP No. 30621/2011 (copy
of the order enclosed). In the same way, the promotions may kindly be affected
in our CBIC.
7. It is, therefore,
requested to kindly conduct the DPC and issue promotion orders for the post of
Asstt. Commissioner at an early date.
Thanking you,
Yours sincerely,
Encl: As above.
(HARPAL SINGH),
Secretary General.
Copy with the request
for necessary action to:
1) The Finance Secretary,
North Block, New Delhi.
2) The Member (P&V), CBIC, North Block,
New Delhi.
