Farewell to Com. Manikannan

 

Com. Manikannan, was working as SIO in DGGI, Chennai.  He joined as Inspector in 1996.  He was well settled.  His wife is an ITO at Chennai and expecting a promotion as AC any time.  They have only one son who has just joined CA course.  

Com. Manikannan and his wife had contacted COVID and had successfully come out.  He, in fact used to contact any person who contacted COVID and give them advice as to how to handle it.  

He is known as a very positive person, with a lot of energy, regular in his walking and cycling, enthusiastic in work and an ever smiling person.

But he said to have committed suicide yesterday morning after he went out for his usual morning walk.  Friends close to him could not fathom why he did that.  

Some of his friends say that he used to regret having come to Central Excise from Central Secretariat where he could have got quicker promotions.  

However let us not speculate anything and let us respect the right to privacy of the person who is no more as well as his family members.

We sincerely pray for the departed Com. Manikannan and for his family.

With deep anguish,

fraternally yours,

R. Manimohan,

Secretary General, AIACEGEO

Farewell to Com. Shibaji Nayak

Last week, Com. Shibaji Nayak, Superintendent in Bhubaneswar, who joined as Inspector in 1994 and was associated with AICEIA as All India Office Bearer left the department on VRS.  He informed me after his relief.  When I asked him why he has left the department, he said, 'I have nothing more to expect from this department'.  It disturbed me a lot.  Many feel so, because of the pathetic condition due to stagnation, but could not leave only due to their family commitments.  

We can only bid farewell to him and wish him all the best in his new endeavors.

With fraternal greetings,

R. Manimohan,

SG, AIACEGEO

IMPLEMENT N R PARMAR AND UNTIL THEN RE-DESIGNATE- DEMAND

Click here for pdf format:  https://drive.google.com/file/d/1xASbzP2MAee_8sfCSLxSQGZUFT0V6n6W/view?usp=sharing 


Ref. No: CBIC/RS/28/2020 Date: 06.08.2020


To

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

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

3) The Chairman, CBIC, North Block, New Delhi.


Sirs,


Sub: Implementation of N R Parmar judgment in CBIC consequent to dismissal of SLP of UOI in P. Bharathan & Ors in CBIC – reg.



Kind reference is invited to the letter of CBIC in F. No. 32022/57/2016-Ad.III.A (Pt. IV) dated 31st July 2020 on the above subject.


2. It has been clarified by the above said letter that the DOLA & ASG have advised against filling of Review Petition in the matter of P. Bharathan & Ors where SLP of the UOI was dismissed by the Hon’ble Supreme Court and that the benefits should be given to the respondents in the SLP filed by the Department.


3. In this regard, it is brought to your kind attention that this Association is Respondent No. 8 in the above said SLP and we have filed Counters, rejoinders, etc during the proceedings stating clearly that the Question of Law raised by the department in the SLP was erroneous. The Department has also filed reply to our counters. Hence the benefit of the N R Parmar judgment has to be extended to all, irrespective of their joining. Our contention has been vindicated by the Hon’ble Supreme Court by upholding the impugned Judgment of the Honble High Court of Madras.


4. Immediately on dismissal of the SLP on 25.09.2019, we had addressed a letter to the CBIC in our Ref. No.38/CBIC/2019 dated 30.09.2019 requesting for immediate implementation of the Judgment of the Hon’ble Apex Court in N R Parmar, to our cadre as a whole.


5. We have repeatedly brought to the notice of the Board that the prime reason for numerous litigations on All India Seniority List pertaining to the cadre of Superintendents has been the non-uniform method of implementation of rules, circulars, etc pertaining to seniority and promotion, in different zones.


6. It has come to our notice that the Board, had taken a stand that 1986 OM of the DOPT would apply to those who joined prior to 1986 also in the matter of W P No 11620 of 2004 of the Hon’ble High Court of A.P. at Hyderabad. But it is surprising how they then decided to challenge the order of the Hon’ble Tribunal at Chennai in the P. Bharathan & Ors, upto the Hon’ble Supreme Court on a question of law ‘whether 1986 OM will apply to those who joined prior to 1986’.



7. It is equally surprising as to us how the Board accepted the Order of the Hon’ble Tribunal at Mumbai in respect of Mumbai Customs (Tribunal's order dated 06.05.2014 confirmed by the High Court, Mumbai in WP No. 6784/2014 & batch vide order dt. 22.09.2014) whereby N R Parmar was implemented with retrospective effect by quashing para 5 (h) of the DOPT OM dated 04.03.2014. The Department also revised the Seniority List in Mumbai as well as in Delhi as admitted by the Petitioners in the SLP (UOI) itself. However, they have subsequently stated in the letter dated 31st July 2020 that some CCAs have implemented orders of the Courts related to quashing of para 5(h) of DOPT OM dated 04.03.2014 at their own level, without consulting with the Board, DOPT or DOLA.


8. The above shifting and contradictory stands of the Board is inexplicable. It calls for a detailed investigation as to how such suo moto decisions could be taken at CCA levels, if at all, and whether any action was taken by the Board against such CCAs.


9. In the current situation, as stated in the Board’s letter dated 31st July 2020 cited above, the judgment of the Hon’ble High Court of Madras in P. Bharathan has attained finality with the dismissal of the SLP of the UOI on 25.09.2019. Hence the benefit of the decision may immediately be ordered to be made available to the entire cadre represented by this Respondent and towards that the AISL of the Superintendents of Central Excise may be ordered to be re cast since the Seniority List stands quashed by the Tribunal’s Order in this case.


10. The Board has taken more than three years already on this litigation alone, which in our opinion was wholly avoidable. Further it has not yet implemented it by correcting the AISL and making the policy adopted in all zones uniform in this respect, even after almost 10 months having passed after the SLP was dismissed. The field offices are feeling the pressure of numerous vacancies in Group A level which is affecting GST work very badly.


11. Hence, until the revision of the said AISL, the vacant posts of Assistant Commissioners of Central Excise may be ordered to be operated by re-designating as ACs, all those Superintendents who have already reached the scale of 5400 PB-3 (which is the scale of ACs) by virtue of their MACP (along with those few who would be Seniors to them by their length of service in the same cadre but had not got the scale only because they were hit by MACP cap of 3 promotions alone). We have submitted detailed proposal on the above, to the CBIC in our letters with Ref. No. CBIC/18/2020 dated 01.06.2020 and CBIC/22/2020 dated 22/06/2020. Copy of the same is enclosed for ease of reference.


12. Our above proposal would not entail any extra expenditure, can give the benefit of promotion to the most stagnating officers, enables operating the 2000 and odd vacancies in the cadre of Assistant Commissioner and gives time to the Board and DGHRM to recast the AISL in terms of the Court order. There could be no question of the criterion adopted because the Officers have already reached the pay scale entitled for the Assistant Commissioners.

We sincerely hope that your good selves will give immediate and favourable orders on the above.


Yours truly,


Sd/-

(R. Manimohan)

Secretary General


Copy for information to:

1) The Member (Admn), CBIC, New Delhi.

2) The DG, DGHRM, CBIC, New Delhi.

3) The Commissioner (Co-Ordination), CBIC, New Delhi.

4) The Joint Secretary (Admn), CBIC, New Delhi.

5) The Under Secretary, Ad.III.A, CBIC, New Delhi.



(R. Manimohan)

Secretary General

COVID TAKING ITS TOLL ON OUR CADRE

Dear friends and comrades,

We are very sad to inform that we have lost two of our colleagues to COVID 19.

Shri. Mukesh Kumar, Superintendent, Patna and Shri. Nitai Lal Mandal , Superintendent, Kolkatta have unfortunately succumbed to COVID.  We express our heartfelt condolences to their family members, friends and colleagues.

We request all our members to take maximum precautions while going out of their homes and interacting with public.

Let us not take things lightly.  

Any requirements for social distancing, protective gears etc for executing official functions may be sought from the local authorities and in case of any difficulties kindly bring it to our notice.

TAKE CARE AND BE SAFE.

Fraternally yours,
R. Manimohan,
SG, AIACEGEO

VERIFICATION OF IGST AND EXPORT RELATED DOCUMENTS - LETTER TO REVENUE SECRETARY AND CHAIRMAN

Dear friends and comrades,

There have been heavy pressure from the field to take up the above matter and state that we cannot take up this work due to COVID and work pressure.

However, since revenue is involved and misuse of IGST credit has to be curbed, we were not able to take such a stand.

However, given the poor infrastructure and non availability of strength in the field even to do the normal work, we cannot keep quiet on this any more, only because revenue has to be protected.

Hence, we have issued this letter as required by the units and copy is marked to all concerned.  Unit Office Bearers may hand over a copy of this letter to their PCC/CC/PC/Commissioners so that our stand is put on record and our members are also protected.  The letter in pdf is given in the link below:

https://drive.google.com/file/d/1ntp004vvYrczuxixHARvMAvXlYY3mujc/view?usp=sharing

Though we have said that we shall not be held responsible for any lapses due to the non availability of staff and infrastructure and excessive pressure. MEMBERS ALSO ARE REQUESTED TO BE CAUTIOUS WHEN DEALING WITH THIS MATTER BECAUSE ANY LAPSE BY THE EXPORTER OR L1 OR L2 SUPPLIER SHOULD NOT LEAD TO PROBLEMS FOR OUR MEMBERS JUST BECAUSE THEY CO OPERATED WITH THEIR HIGHER UPS BY GIVING AN EARLY REPORT.  

ANY  CERTIFICATE MAY BE GIVEN ONLY AFTER DUE VERIFICATION AND WITH CAUTION.

 with fraternal greetings,

R. Manimohan,

SG, AIACEGEO

CRISIS AND SOLUTION

           When a pandemic holds the entire humanity by its throat, it is the moment to involve in a soul searching exercise - Why in spite of holding our own intelligence as the highest on the planet, we have been so badly shaken, why our lives are under threat, economy in shambles, normal activities curtailed, what has forced us to confine ourselves to our homes as far as possible and to move around like ones hunted, not knowing from which corner our enemy will strike and what will be it's fall out?

            Not only this pandemic, every natural disaster attempts to point out that we made a severe mistake in assuming that the human being is the master of this universe.  We made a cardinal error in assuming that our intelligence is superior to the collective intelligence of – call it whatever – God, universe or nature.  Loosing the humility to acknowledge that we are a tiny speck in the grand creation, a very late entrant among several of the species and an arrogance that we are the quint essence of evolution and that after us, there is only a deluge, have been at the root of our audacity to loot, ravish and destroy the very nature, which we are to nurture and a part of which we are.

          Arrogance comes with power - gained out of position, wealth, knowledge or any other claimed superiority by means of birth in a family, caste, region or community as well as by merit of marks, passing out of specified exams, success in life, etc.

            In this context, we will find that in our own case, the arrogance of power rests with the position in the hierarchy within the department.  Many of our own colleagues suffer from this symptom when dealing with others, particularly their subordinates or with trade.  But that does not at the same moment fail to make them expect a decent treatment from others or their supervisory authorities, when it comes to their own cases.  That is the failing of human intelligence.  Unfortunately, these people claim this fallacy itself as an intelligence and have a righteous indignation when their expectations are not met.

           Within the organisation also, we do not have the spirit of belonging to the same cadre and hence do not feel it necessary to hang on together if not to hang alone.  We consider ourselves as individuals first – we try to see what good posting we could get, whether station or type of post.  Then we have a limited relationship with similarly placed colleagues of the same region.  At that level, our demands are pertaining to our group or region.  Only on matters of pay and allowances, we come to the all India stage.  To identify ourselves with other Government employees, we still feel unnecessary.  We feel superior - forgetting the menial existence or respect given to our cadre within the department.  

              Even in this, there have been instances where some leaders indulged in getting some benefits only for themselves, their close colleagues or at best for their own regions. 

          One post made by Mr. C. S. Sharma of Delhi (who was the Office Secretary for the previous SG, the then President of Delhi Unit (continuing without elections for several years) and continues to be one of the Patrons of that three zone group – yes, representing only Hyderabad, Ahmedabad and part of Lucknow zones of Central Excise) is given below:

          It reveals, how persons who were at the helm of affairs of the All India Association had a parochial view of things, pertaining to the cadre.  How narrow their intentions have been and in spite of that they want to claim leadership of the cadre. 

          Another Officer who had patronized these persons with these vested interests was our former Chairperson.  See what she speaks in an interview to Business Standard on the topic of Merger of Boards, in this link.

          On an important issue like merger of Boards, her chief concern is regarding the posts of the Members of the Board and that there will be only one post of Chairman.  And she did not think it inappropriate to speak about such an insignificant concern (from the larger policy perspective) to a national media.

          That is how, most of us and our officers think. Most of the ills of our department in the form of regional disparities and disparities between Central Excise and Customs, has been due to the policy of the Board being formulated in such a manner that posts of IRS are created according to their interests and then Customs being taken care off, again for their own interests. And our national leadership has been busy currying favours from these powers that be by getting some crumbs for themselves, their cronies and giving an impression to the people in their regions as if they gained only by their efforts and benevolence.  Delhi benefited not due to the efforts of these minions of power, but due to the requirements of the power centers themselves.  Since IRS officers prefer to be in Delhi, more posts are created in Delhi.  It is as simple as that.  

          As in the case of the entire humanity, the percentage of people who can understand or feel the pain of others is very small.  The same is the case among our IRS Officers also.  

          Yet we survive only by the grace of the minuscule minority which can have the courage to think beyond their own personal, regional or cadre interests and an expectation that justice will be done.

            On our part, let us expand our horizon of concern.

with fraternal greetings,

R. Manimohan,

SG, AIACEGEO

Letter to Chairman on AGT 2020