Association

 

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 North Zone Coordinator: C. P. Verma

(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. 202/AIB/A/20                                                                                Dt. 04.12.20

To,

Sh. M. Ajith Kumar,

Chairman, CBIC,

North Block, New Delhi.

Sub: Renewal of All India Association of Central Excise Gazetted Executive Officers (AIACEGEO)-claim by two factions for being the legitimate office bearers of the Association-reg.

Sir,

Kindly refer to the CBIC OM issued vide F. No. 12017/07/2017-Ad.IV.A Dt. 03.12.20 on the above subject, office copy of which is floating on the social media since yesterday due to the reason not known to us. We don’t know why and how the office copy floated on the social media and who floated it under what vested interest.

 2. It is to submit with due regards as also already submitted that we are not a faction of any association but we are the original association namely All India Association of Central Excise Gazetted Executive Officers, the office bearers of which have been duly elected always under a legal procedure. The Association is in total agreement that two associations in the same name cannot exist. The Association is reiterating this since very beginning. As far as the recognition is concerned, the recognition of the Association never lapsed as it has already fulfilled both steps, first two years recognition and second, five years recognition. After it, there exists no provision for further renewal of the recognition under RSA Rules, 1993.

3. The provisions of renewal were also asked from the CBIC by the Association under RTI but no provision provided because no such provision exists. The Association is already recognized vide the letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08 of the CBIC with further grant of the IInd stage recognition vide the letter F.No. B. 12017/10/2012-Ad.IV A Dt.25.05.13 of the CBIC. There remains no stage either for further recognition or renewal as per the RSA Rules, 1993. Under RTI reply vide F.No. A-12013/05RTI/202020-Ad.IV-A Dt. 25.02.20, the CBIC has very specifically said without providing the provisions for the renewal of the recognition that the renewal of recognition of the association is only a practice. So, there arises no question of “stands de-recognised” of the Association.

4. As far as Sh. Manimohan group is concerned, neither they have ever been granted initial/Ist stage recognition nor their constitution has been approved by the CBIC.

5. As per the reply given by the CBIC under RTI vide F.No. A-12013/05RTI/202020-Ad.IV-A Dt. 25.02.20, all other associations have promotee officers as the members. So, it shall be gross injustice, if this Association is denied to have promotee officers as its members and other associations are allowed to have. All associations/federations under CBIC including All India Appraising Officers Federation, Customs Preventive Service Officers Federation, IRS Officers Association and all of three Ministerial Officers Associations/Federations are having promotee officers as their members. Even in sister organization of CBDT, the Income Tax Gazetted Officers Association is also having promotee Group A officers as its members. Not only it, the most organized and lawful associations representing Central Secretariat Service Officers are also having promotee officers as members.    

6. As far as the govt. approval to amended constitution is concerned, our amended constitution was submitted to the CBIC in 2015 itself for approval. We listened nothing adverse from CBIC within a reasonable time and also till date on it and were also duly invited to attend the meeting meant for the finalization of transfer policy for Group A officers vide F. No. 8/B/137/HRD(HRM)/2013 Pt. IV Dt. 31.01.18 giving us every reason to believe that our constitution has duly been approved by the govt. It is worth to submit that everything is deemed to be accepted/approved, if nothing adverse is communicated within a reasonable time. The CBIC also filed an affidavit in the Hon’ble Supreme Court in the favour of this Association in SLP (C) No. 4870-4871/2018. It is not understood why the concerned section buried our amended constitution submitted in 2015 and keeping silent till date on it.

7. Moreover, ad hoc officers always belong to the parent cadre and are part of the parent association. Till date, our promotee Asstt. Commissioners, being ad hoc, are the part of the seniority list of the Superintendents. The names of the promotee Asstt. Commissioners only upto March, 2002 have been placed in the seniority list of the Asstt. Commissioners. So, on all counts, it can’t be legally denied that our promotee officers are also our members. All the correspondence since Daman Convention (held on 01.1.14 and 02.11.14) in regard of amended constitution was regularly being sent to the CBIC. All units said to be with Sh. Manimohan were present in this convention when the promotee Group A of Central Excise stream were resolved to be members of the AIACEGEO. The minutes were circulated through e-mails for confirmation among units. After due confirmation, amended constitution was submitted to the CBIC for approval in 2015. Again, these minutes and the membership of the promotee Group A officers were reaffirmed in the Gandhidham Convention (held on 27.05.17 and 28.05.17) which was attended by more than 3/4^th units of the AIACEGEO.

8. The filing of affidavit by CBIC in the Apex Court in favour of this Association is the greatest evidence that we are the only legal Association namely AIACEGEO. If any adverse view is taken by the concerned section, it will be the clear contempt of the Hon’ble Apex Court.  

9. In view of above, it is requested that a fair and legal stand may kindly be taken by the CBIC on the issue by adjudicating all points submitted by the Association in the past and passing a legal speaking order covering all issues. This rightful legal request of the Association may kindly not be denied.

       Thanking you,

Yours sincerely,

                                                                                                                               

(HARPAL SINGH),

Secretary General.

Copy with the request for necessary action to:

1) The Finance Secretary, North Block, New Delhi.

2) The DOPT Secretary, North Block, New Delhi.

3) The Cabinet Secretary, President House, New Delhi.