Saturday, October 13, 2012



"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
Sincerely Yours
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 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 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.
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
Educational Qualification
(P)romotee or (D)irect

Date of Birth

Date of Commencement of continuous service

Government Service
Central Excise










B.Com, LLB