Posting of Association functionaries during AGT-2015

F.No. AICEIA/Surat/1/2015-16                              Dated : 03.06-2015

To,

The Hon’ble Chief Commissioner of Customs

Gujarat Zone, Ahmedabad

            Sub: Posting of Association functionaries during AGT-2015 – reg.

Sir,

                Kindly refer to Estt. Order No. 24/2015 dated 29.05.2015 issued under F.No. II/03-03/CCO/2015  by the JC(CCO), Vadodara Zone vide which transfer and posting in Customs Formation in the Grade of Inspectors has been ordered. In the said order at Sr. No. 23, Shri Kishore Kumar Upadhyay, Inspector has been transferred from Surat-II to Customs formation. 

2.            Your kind attention is invited towards, the Board Circular issued vide F. No. 35017/28/92-AD-III-B dt. 30.06.94 and uploaded vide Letter No. A-35017/01/2014-AD-III-B dated 29.01.2014 under the subject of “Transfer Guidelines regarding posting and transfers of group ‘B’, ‘C’ and ‘D’ in the Attached & Subordinate offices under Central Board of Excise and Customs”.

2.            It is submitted with due regards that the point No. VI of the above referred Board Circular very clearly says that the instructions contained in the DOPT OM No. 27/3/69-Esstt (B) dt. 08.04.69 regarding transfer & posting of Association functionaries should be observed strictly read with further amendments, if any. As per the said instructions of DOPT, the Association functionaries are not to be transferred outside the headquarters office/station.

3.            As per the decades long established practice also, the Association functionaries were never being transferred to outside by the cadre controlling authorities scattered as attached & subordinate offices of CBEC throughout the country. The DOPT clarification ID No. 16/18/2008-JCA Dt. 01.12.09 as well as OM No. 16/18/2008-JCA Dt. 03.09.12 also says that the existing practice should be continued in r/o of the transfer of the Association functionaries, if it is not less favourable in comparison to the DOPT guidelines on the issue.

4.            It has again been clarified/reiterated latestly by the DOPT in this regard vide F.No. 16/18/2008-JCA Dt. 17.04.13 sent to Sh. Ajit Gambhir, Director, Ad IV of CBEC that, “In such of the Government departments/offices where a different practice is being followed now, the existing practice, if not less favourable, may continue.”

5.            In view of the above, it may kindly be brought to your kind notice that Shri Kishore Kumar Upadhyay,  Inspector, who has been transferred from Surat-II to Customs formation is a key office bearer i.e. President of All India Central Excise Inspectors Association, Surat. It is therefore requested that while making detailed posting, it may kindly be ensured that Shri Kishore Kumar Upadhyay is posted at administrative/Association headquarters office/station since if he is posted outside, the staff welfare activities of the Association as well as the employee grievances redressal mechanism will be affected adversely due to the delinking of Association functionaries with the administration & staff side both.

Thanking you,

                                                                                    Yours faithfully,

                                                                                    (M.S. Prabhat)

                                                                General Secretary, AICEIA, Surat

Letter regarding anomaly in Customs list

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

Letter to CC regarding Transfer Policy, DPC and Seniority list

	ALL INDIA CENTRAL EXCISE INSPECTOR’S ASSOCIATION, Surat Cluster Ground Floor, Room No. G-6, New Central Excise Building, Surat. (Affiliated to the Confederation of Central Government Employees & Workers) Recognized by Ministry of Finance [vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08]       Email Id:-aiceiasuratbranch@gmail.com Phone No. 0261-2461808 / Fax No. 0261-2461808
President  - Kishore K. Upadhyay                           (Ph.-9328911006)		General Secretary – Maya Shanker Prabhat                                       (9925260545)
Vice President, Surat Waseem Ahmad	Vice President, Bharuch Prashant Kumar Mishra	Joint Secretary, Surat Badram Meena	Joint Secretary, Bharuch Rajeev Kumar

BY FAX

F.No. AICEIA/Surat Cluster/Misc.-I/03/2014-15                    Dated : 01.04.2015                      

To,

The Hon’ble Chief Commissioner,

Central Excise, Customs & Service Tax,

Vadodara Zone, Vadodara.

Respected Sir,

Sub: Request for conducting of DPC for the promotion from Inspector to Superintendent Grade and finalization of Seniority list of Inspectors of Vadodara Zone– reg.

          Sir, first of all we would like to thank you for the positive steps taken by your goodself for the welfare of Staff/employees, by issueing several promotion orders in the grade of Inspector from its feeder cadre.

2.       Sir, we would like to draw your kind attention towards the two very important issues relating to the welfare and career prospects of Inspector Cadre in this Zone.

(i)     The draft seniority list of Inspectors of Vadodara Zone was prepared after considering the Apex Court’s judgement in case of N.R. Parmar & Others  and  as per the directions imparted by hon’ble CAT in this regard.  The same draft Seniority List was circulated by the Additional Commissioner (CCO), Central Excise, Customs & Service Tax, Vadodara Zone, Vadodara vide Letter F. No. II/34-08/CCO/2013 dated 14.10.2014. As more than 5 months of time period is lapsed, it is requested that, the draft seniority list may kindly be finalized. Final Seniority List after required updation, as on 01.04.2015, (removing names of the promoted officers, till date), may kindly be circulated and uploaded, on the official website of Vadodara Zone.   

(ii)  As your honour may be aware that last year, many posts of Superintendent were left vacant, due to non availability of the eligible Officers. Around 135 posts of Superintendent are lying vacant due to non availability of eligible officers till Mar, 2015 (in terms of minimum qualifying service as specified in the service rules). Your honour may be aware that by April-15, a large number of Inspectors will qualify for promotion. It is, therefore, humbly requested to initiate DPC proceedings well in advance for the vacancy year 2015-16, so as to ensure availability of adequate work force in Superintendent cadre, for the smooth and proper functioning in the zone and to ensure better career prospects to the Inspectors.

In addition to above, we draw you kind attention towards our communication to your honour on the issue of “Transfer Policy” vide our letters dated 26.02.2015 and 19.03.2015, and request your goodself to kindly give us an opportunity to explain the issues and concerns of our member officers in detail. We therefore, once again request your kind honour, to grant us an appointment at Vadodara/Ahmedabad at an early date please.

           

Thanking you. With regards,

                                                                                    Yours faithfully,

-sd- 

                                          (Kishore K. Upadhyay)                         (M.S.Prabhat)

                                                             President                                         Gen. Secretary

Letter for outsourcing of Security and abolition of control room duty

	ALL INDIA CENTRAL EXCISE INSPECTOR’S ASSOCIATION, Surat Cluster Ground Floor, Room No. G-6, New Central Excise Building. (Affiliated to the Confederation of Central Government Employees &Workers) Recognized by Ministry of Finance [vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08] Email Id:-aiceiasuratbranch@gmail.com Blog : www.aiceiasuratcluster.blogspot.in/ FB ID – Aiceia surat branch Phone No. 0261-2461808 / Fax No. 0261-2461808
President  - Kishore K.Upadhyay (Ph.-9328911006)	F.No. AICEIA/2/Surat/2012                                      Dated : 26.02.2015 To, The Hon’ble Commissioner, Central Excise, Customs and Service Tax, Surat-I. Respected Sir,             Subject : Outsourcing of the Security of Headquarters Building i.e. Central Excise Building, Chowk Bazar, Surat - regarding.             With due regards, kindly refer to our discussion during the meeting with Hon’ble Chief Commissioner, Central Excise, Customs and Service Tax, Vadodara Zone, Vadodara held on 23.12.2014, during which, it was emphasised by the Hon’ble Chief Commissioner, to involve duly trained Private Security agencies for security of our office premises. 2.         In this connection, we would like to submit that there is a practice of Control Room duty of Inspectors in our office control room, round the clock, throughout the year. Presently, we are having acute shortage of Inspector ranked officers, and the officers available, are already heavily burdened with work-load. There is wide dissatisfaction among the Inspectors, due to pathetic working conditions, lack of space and infrastructure, non-availability of proper canteen and above all, lack of every kind of amenities in the control room i.e. proper furniture, air-condition, attached washroom, which makes the Inspector ranked officer, feel in a worse condition than a private security guard. 3.         Control room duty was practiced in accordance with ‘Tobacco Excise Manual’, which has so far been omitted and replaced with ‘Basic Excise Manual for Departmental Officers’. The Basic Excise Manual has no such provision of Control Room duty. Due to non-availability of any statutory provisions, lack of exclusive duty list for control room officers, lack of any authority or powers to perform such duties, the Control room duty officers are always prone to any sort of legality arising out of such nature of duties. It may kindly be considered with complete positive outlook that though the Central Excise Inspectors are Uniformed Officers, their uniform is only deterrence to the tax-evaders, and they are authorised only to enforce the Central Excise Act, 1944 and Allied Acts related to its execution, only. Law and Order and security of the State are none of their business. Any action taken by the Central Excise Officers, in these matters, may be held as ‘Excess done by them’ in the eyes of law and may put them into troubles. 4.         Whereas the “Private Security Personnel” are governed by “The Private Security Agencies (Regulation) Act, 2005” and have the statutory powers to provide security to any person or property or both. Accordingly, involving them for security of the office premises, is legally substantiated. 5.         Moreover, as per information available to us, such practice to involve duly trained Private Security Agency has been adopted in various Zones of our department and already been adopted in other departments of our own Ministry. 6.         In view of the above, our Association, earnestly requests your honour to kindly look into the matter positively and kindly do the needful to outsource Security of the Headquarters Buildings to some reputed Private Security Agency. Yours most faithfully,
General Secretary – Maya Shanker Prabhat                        (Ph.-9925260545)
Vice President, Surat Waseem Ahmad (Ph-9978575997)
Vice President, Bharuch Prashant K. Mishra (Ph.-8000659375)
Joint Secretary, Surat Badram Meena (Ph.-9537565566)
Joint Secretary, Bharuch Rajeev Kumar (Ph.-8000078533)
Liaison Secretary, Manohar Kumar
Treasurer, Siddharth Tiwari
Office Secretary, Nishant Neeraj

Letter for Transfer Policy

	ALL INDIA CENTRAL EXCISE INSPECTOR’S ASSOCIATION, Surat Cluster Ground Floor, Room No. G-6, New Central Excise Building. (Affiliated to the Confederation of Central Government Employees &Workers) Recognized by Ministry of Finance [vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08] Email Id:-aiceiasuratbranch@gmail.com Blog : www.aiceiasuratcluster.blogspot.in/ FB ID – Aiceia surat branch Phone No. 0261-2461808 / Fax No. 0261-2461808
President  - Kishore K.Upadhyay (Ph.-9328911006)	F.No. AICEIA/2/Surat/2012                                      Dated : 26.02.2015 To, Shri Ajay Saxena, Hon’ble Commissioner, Central Excise, Customs and Service Tax, Surat-II. Respected Sir,             Subject : Suggestions for Transfer Policy - regarding.             With due regards, kindly refer to the directions issued by the Hon’ble Chief Commissioner, Central Excise, Customs & Service Tax, Vadodara Zone and our meeting with your honour, wherein we have been required to submit our suggestions for finalising the ‘Transfer Policy’ in view of the Cadre Restructuring. 2.         In this regard, an informal general meeting of our cadre officers was held, wherein a number of suggestions were received to the Executive Committee. On screening of suggestions received from our members, and after properly going through the suggestions received, and the existing “Policy for Transfer/Posting/Rotation for Group ‘B’ Executive Officers of Vadodara Zone”, issued under letter No. II/3-5/CCO/2011 dated 02.05.2012, from O/o the Hon’ble Chief Commissioner, Vadodara Zone, our Association, puts forth the following suggestions, for kind perusal and incorporation in the Transfer/Rotation/Posting Policy in the larger interest of the department. 3.         Some points of the existing policy is acceptable to our association, even in the changed circumstances i.e. after implementation of Cadre Restructuring. However, the following suggestions may kindly be accepted and existing provisions in this regard, may kindly be rescinded accordingly. 3.         SUGGESTIONS : (i)         For the purpose of the transfer policy, Surat may be treated as one Station for Surat-I, Surat-II, Bharuch, Audit-II and Appeals-II Commissionerates. (ii)        The normal tenure of Surat station may be extended from existing eight years to twelve years. The normal tenure in a Commissionerate may be reduced from existing four years to three years. For counting one year of posting at a station, the margin of 3 months would be considered as earlier existing. (iii)       In cases of promotion, the general rule of transfer out of station on promotion may be continued, as existed earlier. (iv)       Posting in a different Commissionerate, at the same station may be made in a fixed cycle, and in a fixed pattern i.e. clockwise and without skipping the cycle, as a general rule, so that the officers, may properly plan their future set up, with regard to education of their children, medical supports, accommodation facilities, family establishment etc. A cycle for example is as under :                                     Surat-I             →        Bharuch                                         ↑                                  ↓                                     Audit-II          ←        Surat-II             It may kindly be ensured that between two existing Commissionerates, one tenure of newly created Commissionerate may be allotted. (v)        During the tenure of three years in one Commissionerate, one year of Non-sensitive and two years of Sensitive postings may be made. (vi)       All the own cost transfer applications may be considered only on the concrete grounds and the officers requesting for own cost Commissionerate changes may be required to serve two years non-sensitive posting, immediately on their own cost posting, compulsorily, without exception. (vii)      All ICT and deputation requests, in deserving cases, may be forwarded and considered positively. (viii)     All the newly appointed Inspectors may be given their first postings in the field formations i.e. Range/Division offices, as far as possible. (ix)       No officer may be posted in Service Tax Range/Division for more than one year at a stretch. (x)        Sourcing of staff for the Customs zone may be done giving preference to the senior most and never worked and only, as per Draft Seniority list of the year 2014. (xi)       Annual General Transfer and Inter Commissionerate may be issued timely, so that Children’s education and admission at the new place of postings should not suffer.             We earnestly request for positive consideration of our above genuine suggestions and to kindly incorporate the same in the new policy.
General Secretary – Maya Shanker Prabhat                        (Ph.-9925260545)
Vice President, Surat Waseem Ahmad (Ph-9978575997)
Vice President, Bharuch Prashant K. Mishra (Ph.-8000659375)
Joint Secretary, Surat Badram Meena (Ph.-9537565566)
Joint Secretary, Bharuch Rajeev Kumar (Ph.-8000078533)
Liaison Secretary, Manohar Kumar
Treasurer, Siddharth Tiwari
Office Secretary, Nishant Neeraj

Letter to Hon'ble CC

F.No. AICEIA/2/Surat/2012                                        Dated : 03.02.2015

To,

Shri Jayant Misra,

Hon’ble Chief Commissioner,

Central Excise, Customs and Service Tax,

Vadodara Zone, Vadodara.

Respected Sir,

            Subject : Farewell Salutation Letter – reg.

            With due respect, on behalf of our cadre, we offer our farewell salutation to your kind honour on your transfer to DG(Systems), Delhi as ordered vide Board’s Office Order No. 16/2015 dated 02.02.2015.

2.         Sir, your tenure in Vadodara Zone has witnessed the best period in the history of Central Excise, Vadodara Zone since during this period Cadre Restructuring was implemented, mass-scale promotions were made, Stagnation problem was largely redressed, New Building of Surat-II Commissionerate was constructed etc. Your kind guidance and apt supervision could only make all these things, possible in a super smooth manner.

3.         Sir, however, we would at the same time request that before getting relieved from the Zone, your honour may kindly be pleased to issue necessary orders/directions, at least, on the following long pending issues :

(a) Kindly forward all ICT and Deputation requests,

(b) Kindly issue revised seniority list of Inspectors as on 01.01.2015, in view of the law settled by the Hon’ble Supreme Court.

4.         For such act of kindness, our cadre shall remain obliged to your honour.

                        Thanking you. With due regards.

                                                                        Yours most faithfully,

 -sd-

                                                                                    (M. S. Prabhat)

                                                                     General Secretary, AICEIA, Surat