Letter to Chief Commissioner, Ahmedabad reg. Minutes of the Meeting

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED

EXECUTIVE OFFICERS, UNIT- RAJKOT

Rajkot , dated: 03.06.2011

To,

The Chief Commissioner

Central Excise,

Ahmedabad.

Respected Madam,

Sub: Transfer of Group ‘B’ Officers of Customs, Central Excise & Service Tax in Gujarat.

You may kindly refer to the deliberations that we had with you on two occasions on 26.05.2011 and 31.05.2011 and also the minutes dated 01.06.2011 on the same.

At the outset it is to submit that we are deeply aggrieved for the disdainful manner in which all the members were treated at the deliberations held on 26.05.2011 and 31.05.2011. It would not be difficult for an independent observer to notice that these deliberations for most part produced negligible or virtually no participation on the part of the office bearers of the respective associations. He would have then wondered at the powerful one-sided maneuvering that made the discussion more of a monologue than a dialogue.

Again the minutes of the meeting do not entirely portray correctly the happenings behind the closed doors on 26.05.2011 and 31.05.2011. As is evident in para 3 of the meeting it is very clear that the Hon’ble Chief Commissioner has tried to delude that there was a general agreement on the Customs Policy, wherein there was none.

The muteness of the representatives has been factually recorded in the minutes on many occasions but this should not be construed as an assent to whatever had been discussed, rather that it should be taken as reluctance to discuss anything because there were no common grounds for any deliberation.

Written Communications from all the Associations before the deliberations would have definitely shown the voice of dissent against the implementation of the new policy and in the backdrop of any common ground of discussion, the deliberations on 26th and 31st were a failure.

Para 8 of the minutes state that ‘efforts are made to revamp the old system and not altogether changing it’. It also goes on to say that ‘the department is seeking to synthesise and incorporate certain measures which would create a better work environment and career opportunities for the officers. Madam, all the concerned officers have already voiced their disapproval at the implementation of the new policy. For better elucidation of the ‘career opportunities’ referred to in the minutes, it would be pertinent to point out that most of the members have to put on an average of 15-16 years of service before being promoted to the next cadre. What then is proposed to be offered as career opportunity in the new Policy? Madam, had you been really concerned about our betterment, we sincerely believe you would have thought about our predicament and acted positively in negating it.

With the above ‘revamp’ proposed by the new policy it is seen that the matrix arrived at by using the different criteria for selecting officers for posting to respective customs and excise zones itself provides a lot of discretion and arbitrariness. This same arbitrary nature of the policy will therefore provide an unjust leverage to the higher officers in posting and would only increase the occurrences of malpractices. It would rather hamper the creation of better work environment than be conducive to it.

We would therefore like to state that there was no agreement on any ground at the deliberations and that the office bearers were steamrolled into muted submission. However, inspite of this we have to reiterate that should the revision of policy be deferred, we will definitely collaborate with the administration to sort out the difficulties pertaining to Kandla Customs formation. It would also be pertinent to mention here that not much can be gained from unwarranted frictions with a mass of officers who have put their shoulders to the wheel time and again and year after year to achieve the revenue targets set out.

As far as point no. 4 is concerned, Shri K. J. Kinariwala has agreed that need for change in Kandla customs policy recently adopted by the administration is required to be changed and he cannot comment on whole policy for other jurisdiction as he is only the representation of the jurisdiction of customs Ahmedabad commissionerate.

The policy of deputation to Kandla is made by HR Directorate and is prevailing in Air Ports, SEZ and at Several places. The policy at Kandla was the administrations matured decision before 16 years. No chief Commissioners prior to the present Chief Commissioner has felt in last sixteen years that this policy has failed. It is opinioned that the officer has hardly lived six months period at Kandla. It appears that administration failed in having expertise as to how administration conceived that present policy is failure could not be understood. What has been failed in Kandla has not been made clear anywhere. It is believed that this is for the purposes to hide various inefficiencies in the administration to stamp that some officer (who has been selected previous officer) are inefficient. It is the failure of administration and policy related to requirement of number of head of the zones needs to be reviewed by government and a proposal to HRD may be given by the association for the purpose.

Shri K. J. Kinariwala agreed that recent changes made by the administration without deliberation with the association or without participation in decision by the association leaders, the policy which has been created by the administration has failed which was without any experience and expertise. The deputation from Customs (Preventive) Commissionerate has been stopped, examination period at Kandla have been increased. The solution to this was again submitted to the administration in the resolution dated 31.5.2011 made by all association leaders. The change in jurisdiction has been neglected at all by the administration.

At point 19, it is incorrect to state that the point of transparency was only for Kandla policy, it has been raised in general for all policies. Though it is agreed that there is lack of transparency in the policy, there is no concrete decision or mention that what steps have been taken for transparency in revised policy. Criteria for disposal of Options and willingness has not been decided.

On point no. 20, it is the administration failure to circulate the policy and that a large portion of officers who were serving in the Customs Commissionerate have been debarred arbitratorily without any deliberation for posting to Kandla. Such illegal actions has been attempted to be made right by the administration in mentioning that only 30 willingness have been expressed. In any case, the policy can be made for deficient number of posts and whole revamping of policy which is the cause of failure of administrations policy should not be made.

On point 24 it may be submitted that written submissions and deliberations made by the association have been limited on the issue of Kandla policy. There need adequate time for deliberation on other policy.

On Point no. 25 the policy of transfer from Ahmedabad to Rajkot and Rajkot to Ahmedabad during deficiency of officers is well in force whenever administration needs it. Every year transfer and every two years transfer in force on administration grounds, in fact such arrangements were earlier made at the time of promotion of the officers.

Para 34 states that Chief Commissioners has agreed and decided to deliberate after the representative take the view of the members. There is sharp contradiction by the administration in its para 34 of the minutes of 26.5.2011 and para 5 of the policy of 2nd June, 2011. The representatives of the association and members of the associations assistance and co-operation and preparedness for dislocation for issue of Kandla has not been appreciated at all and all policies are independent of each other. Transfer policy should be on the basis of stations and not on the basis of Commissionerates or offices.

In view of above deliberations, it is requested that your good self may review the previous policy only to the extent of minimizing the discretion of the posting authority and also for provision of exposure of officers within a limited jurisdiction only. Last but not the list, power without accountability and empathy may lead to dictatorial and monogamous regime. We sincerely believe and hope that better sense will prevail and your good-self will once again ponder bit deep into our views/stand and help to salvage the situation from sliding into pandemonium.

Yours faithfully

(G.K.Jhalla)

Secretary