THE FOLLOWING IS THE RESULT OF STUDY CONDUCTED BY SHRI RAMESH CHANDER SHARMA, PRESIDENT, AICEIA, CHANDIGARH CIRCLE, REGRARDING RECRUITMENT RULES OF GROUP A OFFICERS FRAMED PURSUANT TO APEX COURT JUDGMENT. HIS VIEWS ARE PUT UP HERE FOR INFORMATION OF THE MEMBERS :
"Dear Comrades ,
Please
go through the text of RRs which are said to have been framed by CBEC, in order
to implement the Judgment dated 03/08/2011, issued by Hon,ble Supreme Court in
a petition filed by All India Association of Superintendent of Central Excise.
Every one of is requested to kindly send your comments on the RRs. So for I
have understood the Rules so published , I fear that these Rules are nothing
but a big fraud by the powers that be on
the control.
In the opening para it is written and mentioned as under:-
“The
following are the salient features pertaining to Asstt. Commissioners only”. What does it mean? As for as I can understand it does mean that
this change in the RRs is because of the Judgment by Hon’ble Apex. Since after
the contempt proceedings Board was left with no choice but to amend the RRs and implement the Judgment and
see how the Board Officials have interpreted the Judgment, they have framed the
fresh recruitment Rules , rather than amending the earlier ones. Why these
Rules should not cover all the IRS Officer and why only Asstt Commissioner? Are
the Inspectors and Superintendents of Central Excise are not competent to get
promoted to higher Ranks or it is a
sense of insecurity which haunts the minds of the powers that be, that incase Superintendent
are given faster promotions, they will out do
IRS by virtue of their wit and wisdom.
1. Now
you see Para 1, it says “These Rules shall be called as Indian Revenue Service
(Customs and Central Excise ) Group –I Rules 2012. It clearly indicates that the
Rules are prospective in nature and
these Rules will not be operative with retrospective effect. Thus the Judgment
of Hon’ble Apex Court will be held redundant and malice and vindictive attitude
of the powers that be in the chair will nullify the reasoned and legal judgment
and thus deprive the Central Excise Superintendents of their legitimate Rights.
2. In
the 2nd para, no person should remain in doubt where it is clearly spelt out
that these Rules shall come in to force from the date of their publication i.e
13/09/2012. This incorporation has virtually nullified the said Judgment as it
clearly indicates that Promotion to the Grade of Asstt. Commissioner, in the
said ratio shall take place after the publication of these Rules i.e
13/09/2012. Whereas petition was filed somewhere in 1997 and Hon’ble Apex Court
has upheld the appeal and issued the
direction to Government to implement the
said Judgment with in a period of Six Months . The integrity, sincerity
and efficiency of the powers in the
chairs can be well imagined from this very fact in order to pay due respect
to Judgment of Hon’ble Apex Court they have taken more than
one year to write a one page and these very powers want an inspector posted in
Service Tax Range, to examine a minimum of
one hundred to two hundred files per
day.
3. The
vindictive and malice intentions of the Powers that becomes more clear and
transparent in this para. In this pare
it is spelt out that 50% of the IRS vacancies shall be filled up by Recruitment
by UPSC and remaining 50% shall be filled up by promotion from feeder cadres
mentioned at Sl. No.1 to 3 of the said para. But the most surprising element of this para
is that the officers from the
feeder cadre shall be eligible for the promotion to the Grade of Assistant
Commissioner on completion of Two Years of Regular Service. Now let us examine
this pare in little detail and the real picture will emerge as under:-
· Who will be eligible after two years of
service? None else but appraisers. Now let us suppose that only 100 vacancies
are likely to be filled up by promotion, in that case Superintendents of
Central Excise who have put in more than 15 years of Service as Superintendent
will be eligible but on the other hand
an appraiser who may not have completed even 5 years of Service shall be
eligible for promotion and see the bad luck of Central Excise Inspectors and
Superintendents, they will have to serve under an officer who is much junior to
them and that too when all have passed
same set of examination.
· For every body’s knowledge an inspector
of Shillong and Indore Zone will have to serve under promote Assistant
Commissioner much junior to them in terms of length of Service , who was
recruited as Examiner. Now what should we call this? A fraud or a farce or a crual joke for humiliating the Central
Excise Inspector and Superintendents.
· From the enclosed seniority list of the
Appraisers we can see that preventive officers and examiners whose date of
birth is shown as 1966 and 1967, were
promoted as Appraisers in the year 1997 i.e when they were hardly 33-34 years
of age and in any case they were promoted within five to Six years of their
joining as examiner or preventive officer. In any case year of their Joining as examiner or
preventive officer cannot be earlier than 1991. It means that they were
promoted with in 6 to 8 years of Service and by the time an , inspector of
Shillong or for that matter of Indore dreams of promotion to the Superintendent cadre, Examiner of the same
batch will get promoted as Assistant Commissioner. I am placing the name of top three officers
of Bhopal Zone and see they have joined the department as early as Feb, March
and May, 1992, but they are yet to get their first promotion. On the other hand
you can see that Examiner or 1991 batch was promoted as early as 1997- 1998 and
by the time the officers of Indore Zone get their first promotion, the examiner
of the same batch shall be aspiring to be Assistant Commissioner. We all have
heard a saying “ Bhagwan ke ghar Der hai par andher Nahin” but here we talk of
CBEC and definitely I can say “ Hamare yahan CBEC main andher hi andher hai.
Kewal appraiseron ke liye hee savera hai baki sab ke liye andhera he andhera
hai”
· Now you see that on one hand Our IRS
Officers are asking Government of India for parity with the IAS officers, on
the other hand they are causing more disparity, discrimination and to be very
honest and sincere, humiliation to its own cadres, what to speak of parity
among the cadres recruited through same set of examination.
4 Para
4 is self explanatory and needs no explanation
5 See para 5 very carefully. The total number of posts shown
in the grade of Assistant Commissioner as on date i.e on the date of
publication is 949, unless increased in Cadre Restructuring. Dear comrades I
believe that 949 number of Assistant Commissioner must have been sanctioned
somewhere at the time of enactment of Customs Act, 1962 and there appear to
have been no change ever since. But we have to look in to the aspect as to how
many posts of Chief Commissioners, Commissioners, Additional Commissioners and
Joint Commissioner were sanctioned at the time of Enactment of the Act and how
may CCs , Commrs, Addl. Commrs and Joint Commissioners are working as on date. I am sure if worked out properly, the ratio
in case of Commissioner will emerge as 1:40 and that day is not for off when
strength of Commissioner will out number of Assistant Commissioners.
So dear comrades, once again CBEC
is going to play a fraud, farce
and cruel joke with inspectors and superintendent of Central Excise. They have
amended the Recruitment Rules at such time when they have already obliged the
Appraisers by giving them maximum whatever they could by not implementing the
Judgment dated 3/08/2011 of Hon'ble Apex Court. The recruitment Rules are
amended at such belated time that now the Appraisers will take a stand that
since the RRs are notified and amended w.e from 13/09/2012, these can not be
made applicable with the retrospective effect. Had All India Association of
Superintendents Of Central Excise and Superintendents of Customs not gone for the Contempt Proceeding, the
competent powers would have taken at least another twenty to thirty years to write
one page of Recruitment Rules. Therefore
from my point of view the Judgment of
Hon,ble Court will be held redundant and nullified by the powers and we will have to file a fresh contempt application for direction to the
Board for implementing the Judgment w. e from 1997 and as such all the DPCs
held after 1997 should be reviewed and the judgment should be made applicable
from the date of Original Petition. Dear Friends do not be under the illusion
that those sitting in driving wheel will ever give you something to Cheer
about. So please get ready to start the agitation afreash. Dear comrades let us
forget the petty issues and fight for our legitimate writes through legal means
and for this very cause if every inspector and Superintendent of Central Excise
contributes a minimum of one day salary
we will have a corps of around 40 Crores of Rupees and in that case, we can
have the services of the best of the lawyers available in India and seek relief
from the Honest and Competent Judiciary
of India rather than begging like a beggar from powers, who only take
care of the Appraisers cadre.
“Last but not the
least I believe that file for drafting RRs was either sent to Appraisers at
Mumbai or else Appraisers must have been summoned to Draft RRs at Delhi, as it
has taken more than one year to Draft one page of RRs. The very efficiency of
the officers who have taken more than one
year to draft the Rules can be
well imagined”. If any one of you have
any comments to offer please send me on the given email id i.e ramesh659524@yahoo.com
Sincerely Yours
Sd/
RC Sharma
President, AICEIA,
Circle Chandigarh"
Recruitment Rules for
Group-A (IRS) in CBEC published in the Gazette by the Government
Posted
by B.P.K Reddy on September 25th, 2012
Recruitment Rules for Group-A (IRS) officers of
CBEC have been published in the Gazette by the Government. The following are
the salient features pertaining to Asst. Commissioner only.
1. These Ruels shall be called as the Indian
Revenue Service (Customs and Central Excise) Group-A Rules,2012
2. They shall come into force from the date of
their publication in the Gazette i.e. 13-9-2012.
3. Appointment to the Service of iRS;
50% of the vacancies in Grade VI (Junior Time Scale) will be filled through
direct recruitment by way of exam conducted by UPSC and balance 50% to be
filled through promotion from amongst the cadres with two years of regular
service as detailed below:
1. Superintendents of Central Excise, District
Opium officers, Intelligence officers and Superintendents (Executive) in the
Narcotics Department.
2. Superintendents of Customs in the Customs
Department.
3. Appraisers of Customs in the Customs
Department.
4. Ratio: The vacaines will be filled through a
ratio of 13:2:1 for the above three class of officers for each bunch of
sixeteen vacancies.
(a) Out of sixteen vacancies, the first thirteen
vacancies will be filled through officers of Sl.no. 3(1) above i.e.
Superintendents of Central Excise, District opium Officers, Intelligence
Officers and Superintendents (Executive) in the Narcotics Department.
(b) 14th and 15th vacancies shall be filled
through officers of Sl.no. 3(2) above i.e. Superintendents of Customs.
(c) Sixteenth vacancy shall be filled by
officers of Sl.No. 3(3) above i.e. Appraisers.
5. Total no. of Posts in AC Cadre as on date: Total posts in the
Asst.Commr cadre as on date are 949 unless increased in the ensuing CR.
6. Pay Scale: PB-3 Rs. 15,600 –
39,100 with Grade Pay of Rs. 5,400.
II. NOW OUR GENUINE DOUBTS WITH REGARD TO THE
FOLLOWING:
1. Since the revised ratio will come into force
from the date of publication of the Rules in the Gazette, obviously the date of
effect of this ratio will be from 13-9-2012 i.e. the date of publication in the
Gazette. In other words, promotions against the 50% quota of the total
vacancies in Group-A IRS cadre will have to be filled up as per this ratio from
13-9-2012 onwards.
2. In such case, what about implementation of
Hon'ble Supreme Courts order in the Ratio from the year 1998 onwards. Will it
be a mirage? Will it be mired in the judicial cob-web with the possibility of
Appraisers and Superintendent Customs taking recourse to judicial remedy if at
all the Board implements it retrospectively as mandated by the Hon'ble Supreme
Court.
3. What about Asst.Commissioner posts in Group-A
(JTS) arising in the Cadre Restructuring? For these posts also will the 50:50
ratio between Direct Recruitment and Departmental Promotions as per these new
RR be followed? If so the net result will be very negligible.
For the Gazette Notification, CBEC site may be
accessed. Your views may kindly be forwarded to me to the following mails
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S.No
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Name
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Educational
Qualification
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(P)romotee or (D)irect
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Category
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Date of Birth
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Date of Commencement
of continuous service
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Government Service
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Central Excise
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1
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2
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3
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4
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5
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7
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9
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10
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1
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RAVINDRA PANDEY
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B.Sc.
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(D)
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Gen
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06.03.68
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29.05.92
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29.05.92
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2
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SUNIL KUMAR W. KONGE
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M.Sc.
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(D)
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Gen
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08.11.65
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07.02.92
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07.02.92
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3
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PRAMOD KUMAR SHARMA
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B.Com, LLB
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(D)
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Gen
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17.3.66
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03.03.92
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03.03.92
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