Dated :
05.05.2015
To
The HON’BLE Chief Commissioner
Central Excise. CUSTOMS AND SERVICE TAX,
VADODARA ZONE, VADODARA
(Kind Attention:- SH. VINISH
CHAUDHARY, Additional Commissioner (CCO))
Respected Sir,
Sub:
Annual General Transfer-2015 – INTIMATION
OF GROSS DISCREPANCY AND VIOLATION OF LEGAL PRINCIPLES AND CREATING AN ISSUE OF
CONTEMPT OF COURT - reg
Kind attention is invited towards Para 2 of
Letter F.No-II/03-04/CCO/2015 dated 29.04.2015 (COPY ENCLOSED FOR READY
REFERENCE), wherein seniority as on 01.01.2013 for Inspectors is proposed to be
considered. In this regard following
points are humbly submitted for favor of kind consideration:-
1.
Seniority of Inspectors as on 01.01.2013 does
not have any legal validity & as the Department has produced a
revised Seniority List in CAT, Ahmedabad AS PER hON’BLE sUPREME COURT
ORDER IN CASE OF n.r.parmar and the same are not yet challanged in any
other Legal forum, thereby Seniority List 01.01.2013 is legally untenable.
2.
Once
Department has produced the revised Seniority List in CAT, Ahmedabad, and if
the said revised Seniority List has not been held legally untenable , and still
if Department decides to go forward with Seniority List as on 01.01.2013, DOES
NOT AUGER WELL ON JUDICIOUS PARAMETER FROM aDMINISTRATION AND THE DEPARTMENT.
3.
Seniority
list Circulated vide letter F.No-II/34-08/CCO/2013 dated 14.10.2014 from
Additional Commissioner (CCO) Vadodara, REGARDING SENIORITY LIST OF INSPECTOR
OF CENTRAL EXCISE & CUSTOMS, IN THE COMBINED CADRE OF GUJARAT ZONE CLEARLY
states that it is subject to outcome OF O A. No.120/00148/2014.CONSEQUNTLY, the
said O.A was disposed off on production of Revised seniority list dated
14.10.14 which was later placed on official website.
4.
This
seniority list should also not be kept in abeyance citing that certain officers
have appealed against this in the Hon’ble High Court of Gujarat. Here it is put
forth that though hearing is on for many months however there is no Stay or
Order.
5.
Kind
attention is invited towards Letter F.No II/03-24/CCO/2014, dated 27.01.2015,
from Additional Commissioner (CCO) Vadodara, wherein Seniority of Inspectors as
on 01.01.2014 has been considered in respect of Superintendent/Inspectors
postings to various SEZ.
IN VIEW of FOREGOING PARAS, it TRANSPIRED THAT
VADODARA BEING A CADRE CONTROLLING ZONE HAS ALREADY CONSIDERED SENIORITY AS ON
01.01.14 FOR ADMINISTRATIVE DECISIONS AND THEREFORE UNLESS THE DEPARTMENT HAS
ANY LEGAL ORDER FOR TAKING A DIFFERENT STAND THAN the Seniority as on
01.01.2014, IT DOES NOT APPEAR JUSTIFIED AND hence THE ASSOCIATION STrONGLY
PROTESTS by disagreeing to THE CONSIDERED seniority list as on 01.01.13.
FURTHER, WHEN DEPARTMENT HAS SUBMITTED SENIORITY LIST AS ON 01.01.2014 BEFORE
HON’BLE CAT AND PLACED THE SAME ON ITS OFFICIAL WEBSITE IN TERMS OF THE
DIRECTIONS OF HON’BLE CAT, CONSIDERING
SENIORITY LIST AS ON 01.01.2013 FOR AGT-2015 IS A STRAIGHT CASE OF CONTEMPT OF
COURT AS WELL.
tHEREFORE, IT IS REQUESTED THAT sENIORITY AS ON 01.01.2014, SHOULD BE
CONSIDERED FOR ANNUAL General
Transfer-2015 and oblige.
yours faithfully,
(M. S. PRABHAT)
General Secretary
well drafted and to the point very good ,,
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