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