AGAINST VICTIMISATION OF INSPECTOR ASSOCIATION OFFICE BEARER IN LUCKNOW

Ref. No: CBIC/30/2020                                          Date: 27.08.2020

 PDF VERSION https://drive.google.com/file/d/1FBCKxBQ_4T5Z43JAzBH2nc7mlYFUnF_v/view?usp=sharing  

 To

Shri. M. Ajit Kumar,

Chairman, CBIC,

New Delhi.

 

Sir,

Sub: Disciplinary action initiated by Principal Commissioner, Lucknow, against Inspectors’ Association General Secretary at Lucknow for Association related activities– request for immediate intervention to avoid unnecessary confrontation by the Lucknow administration – reg.

 

          It has come to our notice that the Principal Commissioner of Lucknow GST has issued a Charge Sheet under Rule 14 of the CCS (CCA) Rules, to the General Secretary of the AICEIA Lucknow unit.  In this regard we also find that a protest has been filed before your good self by the AICEIA vide their letter dated 26.08.2020 requiring withdrawal of the above said proceedings.

2.   It appears that the confrontation between the Lucknow administration and the Lucknow Inspectors’ Association primarily revolves around the so called ‘Uniform’.  In relation to the said issue, there appears to have been other sub-issues like celebrating a Memo divas, etc and in the process it appears that some RTI queries, CPGRAMs etc had been sent by the concerned Office Bearer of the Association and all these issues have become to form ‘Imputation of Charges’.

3.     At the outset, before going into the merits of the issues raised by the Lucknow Administration in the said Charge Sheet, it can be seen that all these issues have been related to the functioning of the said individual Inspector as the representative of the Association and he had been actively pursuing the matter as per the directives of his local body or All India Body.  It is also seen that there have been several correspondence with the Administration by him as GS of Lucknow Unit of the AICEIA as well as by the All India Body of the AICEIA with regard to the so called ‘Uniform’, and that therefore any action with regard to the issue ought to have been primarily initiated only against the Association itself as per the CCS (RSA) Rules, if at all the Administration found some fault in it and NOT AGAINST THE INDIVIDUAL OFFICER who happened to be the Office Bearer espousing the cause or demand of the Association.

4.     Secondly, on issues concerning the cadre and Association, the local administration should have been able to sort it out by discussion with the concerned Association, rather than choosing to victimise the individual Officer who happened to be the Office Bearer, representing his cadre and Association.  Not only it is illegal and unethical, it will only take away any little good-will that the cadre and Association would have to the administration.  It is neither in administrative interest nor serves the Department any good.  Personal egos of some persons or a group of individuals belonging to a particular cadre shall not be allowed to take precedence over organisational interests.

5.1.     It is for record that this Association has also consistently pointed out to the Board that there is no prescribed uniform in Central Excise, after what was prescribed in the Tobacco Excise Manual has been abolished with the issue of the Basic Excise Manual and the DGHRM/Board are yet to formulate a Uniform as per the advice of the CIC.  Further, when the State GST Officers do not have any uniform, it is too late in the day to formulate a Uniform for the Central GST Officers, NOW.  In the light of this fact, it is those who wear an un-prescribed uniform, which is a look alike of the Police Uniform, AND those who perpetuate it, who should be held responsible for such an impersonation.  Harassment of an individual who asks legal and legitimate question as to where is the prescription, is per se illegal. 

5.2.     As regards salute to the National Flag in plain clothes, it is the rightful thing to do where there is no prescribed Uniform. Further it is a matter of pride for all of us that the Father of the Nation to whom we all owe the National Flag itself, was termed a ‘Half naked Fakir’, for choosing to represent the ‘Daridra narayanas’ of this Land and he stood against any sort of regimentation and ‘exhibition of uniformed might’ against the ordinary citizens.  When for quite some time we have been trying to live down the image of the ‘Inspector Raj’, the action of the Lucknow Principal Commissioner to issue a charge sheet to an officer for having upheld the dignity of the Nation, Department and intent of the Government, by not wearing an un-prescribed Uniform which is an intimidating look-alike of the Police uniform, is to deride all that the Government has been trying to do all these years. 

6.     In respect of certain questions raised regarding misuse of official machinery etc, and some CPGRAMS sent by the concerned individual, it is very surprising that a charge sheet would come into being against such acts, because, it is protected by the whistle blower provisions and the Government of India has opened up such channels only to get to know such corrupt practices, if and when they happen.  Instead of issuing a charge sheet, steps should have been taken by the local administration to verify such allegations and ensure that there is no room for such allegations to even arise. The young officer who raised his voice against such practices, whether by himself or as per the advice/direction of his Association, should have been encouraged to bring such wrong doings to the knowledge of the Administration. If the allegations were due to wrong understanding of things, a simple reply would suffice for any number of CPGRAMS or RTI queries, if the house is in order.  The knee jerk reaction in the form of Rule 14 Charge Sheet to such queries, leads to a suspicion that there could be more to it than what actually meets the eye and calls for an immediate enquiry from your good office.  Such reactions coming from a senior Officer like a Principal Commissioner would give a very wrong signal to young IRS Officers who are expected to lead the Department to new heights along with the staff of the department, in years to come.

7.1.     Hence, we request you to kindly give immediate instructions to the Chief Commissioner of Lucknow to immediately withdraw the proceedings initiated against the General Secretary of Lucknow Unit of AICEIA and give a report to the Board regarding the allegations raised by the Lucknow Unit regarding any mal-practices or mal-administration.

7.2.     We also request your good self to immediately curtail further damage to the psyche of the young Inspectors, who are going to be the future of this Department and Nation, by causing the withdrawal of the illegal charge sheet and issue necessary instructions to the Lucknow Chief Commissioner to normalise the situation in Lucknow GST by holding discussions with the Association, so that it does not escalate.

          With regards,

 

                                                                                                          Yours truly,

(R. Manimohan)

Secretary General

Copy to:

(1) Smt. Sungita Sharma, Member (Admn & Vig), CBIC

             -for kind information and necessary action

(2) The Secretary General, AICEIA

            –with reference to their letter dated 26.08.2020 on the above subject.

 

          (R. Manimohan)

Secretary General

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