Tuesday, February 4, 2014

Letter dated 04.02.2014 to the Cheif Commissioner, C.Ex. Ahmedabad


F.No. AICEIA/RJT/Feb/2014                                                                     Date: 04.02.2014

The Chief Commissioner,
Central Excise,


Sub :- Points to improve administrative system for the betterment of the department and welfare of the members of the core cadres, i.e. Supdt & Inspector :-

Your kind attention is invited to both the Associations letter dated 04-02-2014. Further elaborating the points, the members of the Association have suggested the following points to improve the administrative mechanism and to bring transparency into it executing apparatus.  The members are of a firm opinion that if the following points are considered it will substantially improve the functioning  of  system and reduce the grievances of the members. This will also result it into the increasing efficiency within the department :

1.         Powers of the Sectoral Cadre Controlling Authority (CCA) of the Rajkot sector is vested with the Commissioner C. Excise, Rajkot. But it is often observed that Establishment orders are frequently being directly issued by your honors office from Ahmedabad bye-passing the local CCA at  Rajkot. The members of the  Associations are   of a considered view that  if  the establishment orders pertaining to officers of Rajkot sector  are issued  by the jurisdictional cadre controlling authority of the sector,  it would be add to fairness  and justification to posting order.  Reason for it is  very simple, the jurisdictional Cadre Controlling Authority (in short, CCA), i.e. the  Commissioner, Central Excise, Rajkot is better stationed to gauge the nuances and  the nature of jurisdiction and its sensitivity and more importantly antecedents of the officers. Moreover, the CCA  may have a pending list of representation of reshuffling with him, which can be adjusted only against such  order. So the members of the Association  feel that if the zonal authority at Ahmedabad do not show  excessive zealousness in issuing orders directly at their end and permits the jurisdictional CCA  to carry out  the personnel management task  entrusted him it would work  well for   improving  the personnel management  system being operated through the Transfer and Posting Policy.

2.         During the course of the Restructuring, 2002, Bhavnagar Commissionerate was created. Till date, we have failed to strike equilibrium with the staffing position inspite of passage of over  12 years.  In past, some occasions have arisen to set right the disparity in  staffing position, but somehow the task of striking balance in  the staffing position of Bhavnagar Commissionerate has remained elusive.  It seems that opportunity is again round the corner to  solve the staffing  position imbroglio of the Central Excise, Bhavnagar Commissionerate.   

3          With regret, it is to submit that administration does not adhere to the policy framed by the administration itself. Recently while allocating the newly recruited Inspectors to various Commissionerate, the administration has grossly violated the existing policy. As per the existing Central Excise Policy, it is clearly mentioned that that “ in allocation of officers amongst Rajkot, Bhavnagar and Jamnagar Commissionerate, the administrative control shall continue to vest with the Commissioner , Central Excise Rajkot-the cadre controlling Authority of the sector”. However, in violation to the same, the Chief Commissioner’s Office has directly posted 34 newly recruited Inspectors to Rajkot Commissionerate and 37 Inspectors to Bhavnagar Commissionerate. Further, as per the existing policy, the postings between Rajkot and Bhavnagar Commissionerate are to be decided by the Committee comprising of Commissioner, Central Excise, Rajkot and Commissioner, Central Excise, Bhavnagar. These guidelines have not been followed while allocating the newly recruited Inspectors.

4          New batch of inspectors are to join the department. To solve the problem the Association would like to suggest that in light of guidelines of transfer policy the newly recruited Inspectors may first be posted to Rajkot Central Excise Sector and further as per para 4 (ii) of the existing transfer policy newly recruited Inspectors may be posted to Bhavnagar Central Excise, Commissionerate in substitute against the officers who may be transferred from Bhavnagar Commissionerate to Rajkot Commissionerate i.e. to their parent Commissionerate. By posting such newly recruited officers would help to have a permanent strength of Inspectors in Bhavnagar Commissionerate.

5          By doing so the department will be saving lacs of rupees in form of TTA being wasted by way shuffling the officer already working in Rajkot to Bhavnagar and posting newly joined inspectors in Rajkot Commissionerate. To consider that the newly recruited inspectors are not competent to handle the work of office, would tantamount to making mockery of the entire selection procedure, leading  selection of the inspectors. Even empirical evidences  have shown  that newly recruited officers have proved themselves and have given good performance even in the field of Audit, Range  offices and other sections.

6          Sir, if we fail to grab the opportunity this time around, the situation may  worsen further, when we will give birth two more commissionerates, in form of Audit and Gandhidham Commissionerate within this sector. Your honor is well aware of a wide sprawling  jurisdiction of Saurashtra and Kutch which  is as wide as  800 kms. from one point to another.  We understand that transfers are necessary evils. In the existing policy also the officers are being shunted from one place to another  even before completion of the stipulated  station period. The officers are being shunted to Customs formation or to Bhavnagar Commissionerate or are being sent to Gandhidham under compulsion. Our members considered themselves as duty bound and are accepting posting at far flung remote places even before completion of their stipulated  period at one station.  So, when the members of the Associations  demonstrate their  positive disposition, it is a bounden duty of the administration to reduce the scale of displacement amongst staff members. This will go a long way in reducing the hardship of the members and  the department  will be spared of needless expenditure.

7          Sir, it would be hard to find any officer who has not suffered displacement owning to rigourous nature of jurisdiction and peculiar circumstances prevailing in the Rajkot Commissionerate, before completion of the stipulated station period. So the members of associations are   not of ‘immobile’ mindset, that they are not ready to leave station, come what may, like  their counterparts in other commissionerates. History of posting of any officer of  Rajkot Commissionerate is  testimony to above claim of the Association. There would hardly any officer who have not seen four or more stations in their career.  So in the interest of the staff members of the Association, and to reduce the displacements of the staff, it is requested your honor to adhere to the policy and directly post maximum number of newly recruited inspectors to Bhavnagar Commissionerate.

8          At present the officers whose children are studying in standard XII are not disturbed by way of Annual transfer. In Gujarat Higher Secondary Education Board. in case of science stream importance has not been restricted to standard XIIth and as they have divided the Higher Secondary education in four semesters and consolidate marks sheet is given for all four semesters. Semesters exams are also conducted by the Board only. The members of  Associations feel that relaxation to those officers whose children are appearing in Higher Education Semester examination may also be granted. It is also requested to extend this relaxation for Xth Board examination.

9          Before two / three month your honour’s office sought the names of ranges or any other formations which  needs to be declared as ‘non sensitive postings’. Associations have already given the feedback on the subject matter, but till date nothing  is heard from the side of management. So it would be  better if the decision is taken to  re-categorize the postings as non-sensitive  or sensitive in  the altered scenario, prior to AGT, 2014.

10        SEZ postings are now encadred post of the C. Excise jurisdictional Commissionerate. To avoid undue midterm shuffling and to avoid the disputes of eligibility  the transfer and posting may be done at the time of AGT only. Your honour may use your one time discretion to extend the period up to AGT and solve the problem forever.

11        As mentioned above SEZ posting is a encadred and posting order are issued just like routine posting order of the commissionerate. So whenever a list is prepared for Customs or Bhavnagar Commissionerate, the names of the officers working at SEZ should also be included like any other officers working in the Commissionerate. No special privilege may be given to the officers working  in SEZ for granting deemed exclusion from the queue of Customs formation or Bhavnagar Commissionerate at the time of AGT. Otherwise, the officer will runaway to SEZ posting to escape and circumvent his turn to Bhavnagar Commissionerate or Customs formation. So as per the  policy their name should also be considered for any due routine posting and treated as any other posting of the Commissionerate.

12        On promotion the officers are resuming at the CCO’s office, Ahmedabad. Till his final posting order is issued he has to sit ideal in anticipation. Sometimes this sedentary period last for  a couple of months. This  is a gross wastage of human resources at Govt. cost.  Last three Hon’ble Chief Commissioners have  principally agreed to allow the promoted officer to resume the duty at the place of working at his parent commissionerate. But till date no instructions have been issued in this regard to put end to  this unwarranted and  wasteful system. Your good office is again requested to issue specific instructions in this regard, as soon as possible.

13        Members of Association have also raised points that sometimes the willingness for a particular deputation posting is not forwarded citing reason of  shortage of staff. In past also the same complaint was made to your good office that due to administrative ground no officer should be deprived of his right to get exposure to new kind of work at deputation posting. Your office has issued the instructions that in no case the willingness will be withheld. But once again we request your honor to instruct your subordinates level officers to act in  line with the instructions issued in this regard and oblige our members by forwarding their willingness.

14        In Customs policy there is a clause that proportionate staff will be given by the Central Excise Commissionerate, as per their sanctioned strength of that Commissionerate. This clause needs to be amended immediately. Instead of sanctioned strength it should be working strength. This is quite logical demand of our members, because we are usually running short of  staff and if staff is shifted as per ‘sanctioned strength’ more vacuum will be created in the commissionerate where there is less ‘working strength’. It is principally agreed by all the Establishment In-charge that proportionate ratio of Sanctioned strength vis-a-vis Working strength will be maintained in each Commissionerate. To continue with this principle, it would be more logical to maintain proportionate the working strength in each commissionerate.

15        Members have also  raised point that the officers posted to other  commissionerate should return after stipulated period. It is a existing policy that officers are normally posted to other Commissionerate for a period of one/two years. However, in  some instances the officers are desirous of  overstaying in the other non-parent commissionerate/formation. The management should issue instructions that in such cases he will have to work in that Commissionerate/formation for at least  four years.

16        As the members of Association have desired  there would be hardly any officers who would have enjoyed privilege of fully completing the  stipulated station period. But if at all there are any such cases, he/she may be posted to Bhavnagar Commissionerate to fill up deficiency in staffing position. If such officer is transferred within the commissionerate, next year he would become due for Bhavnagar Commissionerate. To avoid such multiple displacements and to save Govt. money such candidates should be posted to Bhavnagar Commissionerate.

17        The officer posted to Bhavnagar Commissionerate under compulsion under the  Transfer and Posting Policy for a specific period,  when he returns back to his parent Commissionerate, the period/tenure of non-sensitive posting should be counted for posting him to a sensitive posting.

18        Sir, I would like to assure your honor and it will be our humble attempt to convince you sir that both the Associations and its members are here  together for the sake of development of the department and the country at large. We, the members of Associations, have always keep the interest of the department  on top priority over our interest. We are not of the here with mindset that we want to exploit the system for our vested interest. We have always moved and toiled even in rough-seas for days together at our life’s risk. Few of our officers have even sacrificed their lives while carrying out their duty. We always stand by the administration to scale new heights and frontiers. But we fail to understand as to why this  simple TRUTH has no takers. No one has taken the pain to go through  feelings of members in form of our representations. Hundreds of letters have been written to various authorities but till date The Association have not received a single acknowledgement !!!  We fail to understand, Whether the departmental  authority feels that the Association as necessary evil or has become callous to their own staff. We always shout our lungs out for the betterment of the  members of Associations to legitimately derive the solutions of the problems from the management.  However we feel that our efforts so far gone all in vain. Officer are retiring with just a single promotion in his / her entire carreer of  35 years !!!  It is  requested your honor to read carefully and think over after reading this representation. What are we asking  for ?  Or has enough or due been given to our cadres.  
19        The Transfer and Posting Policy has been framed for the  sake of smooth administration, and it is humble request of the members of the Associations to adhere to the existing policy.  We have deep faith and are sure that policy would be followed in the letter and spirit.

20        It is our moral responsibility to request you to go by the  letter and spirit of the  policy. So the members of the Associations have all resolved that till we get the Acknowledgement from your honour we will continue to demonstrate our feeling in different ways without hampering the work and interest of the  department.  The programmes for manifestation of feelings  will be in the following manner:-

1.         04.02.14 to 07.02.14             Will wear Black badge/ribbon.
2.         10.02.14 to 12.02.14                         Lunch hour demonstration.
3.         13.02.14 to 14.02.14                         Before and After Office hour DHARANA.
4.         17.02.14 to 21.02.14                         Relay fasting.

            Sir, Associations assure your honour that this is not a pressure technique or gimmick,  but just a spontaneous outburst or cry. Just like a citizen charter we expects that our above demands/representation be acted upon  in the reasonable timeframe.

PRAYER: - 1. Please acknowledge our feeling point wise.
2. Before making any amendment the existing Transfer and  Posting policy a draft should be put on the table to discussed  threadbare with both  the Associations.

                                                            Yours faithfully,

(Dilip Pandya)                                                                                   (G.K. Jhala)
   Secretary                                                                                             Secretary
Copy to:

01               The Member (P&V), CBEC, New Delhi.
02               The Chief Commissioner of Customs, Ahmedabad Zone, Ahmedabad.
03               The Commissioner of Central Excise, Rajkot
04               The Commissioner of Central Excise, Bhavnagar.
05               The Commissioner of Customs (Preventive), Jamnagar.
06               Secretary General, AIACEEGO.
07               Secretary General, All India Central Excise Inspectors Association.


  1. Dear sir,
    The letter is a welcome step and efforts made in this direction are unquestionably appreciable, however, much more remains to be done in order to ensure that all the members so far as general issues are concerned get fair and equal treatment from the administration. Several other issues raised and discussed during the GBM dated 02.02.2014 should get reflected in the Minutes which should be issued without any further delay. Other measures suggested like issuance of Press Note, Boycott of JCM, Boycott of Central Excise Day Celebrations 2014 etc. should be seriously considered to mount more pressure on the administration so that no more arbitrary Orders are issued in the name of discretion.
    "Jahan Jahan Julm Apne Kadam Badhayega,Hum Apne Lahoo Se Wahan Inqalaab Likhenge"!

    With fraternal regards,

    R P Singh

  2. Dear sir,
    It seems that many issues raised & discussed during the Meeting have not got place in the letter so it is requested to incorporate the same in the Minutes and the suggestions made by Comrade R P Singh regarding other measures to mount pressure should be seriously considered.
    Thanks & regards,
    Amit Kumar

  3. Dear sir,
    Vigorous and fierceful actions are the need of the hour and gentlemanly actions will not pay much. Actions suggested by Comrade R P Singh will definitely yield.
    With sincere regards,
    M S Gandive

  4. Respected Sir,
    Pray & petition are not enough. We have to show solidarity and unity to overcome the anarchy attitude of the administration. To incorporate the views expressed by the Hon'ble members during the last meeting is worth praising. 'Sirf Hangama Khara Karna Mera Maksad Nahin, Sari Koshish Hai Ki Ye Surat Badalni Chahiye'

    With warm regards,
    Gopal Kr. Jha

  5. Dear Sir,
    The Transfer and Posting Policy has been framed for the sake of smooth administration and the administration must adhere to transfer/posting policy, in order to get fair and equal treatment from the administration, we have to show solidarity and unity. During the meeting, it was decided to boycott the JCM, but it beyond understanding that some of the Inspectors have participated in JCM held today i.e. 10.02.2014.

    Secretary Sir, is requested to throw light on participation of Inspectors in JCM and to clarify the reasons under what circumstances you have authorize some Inspectors to attend JCM on behalf of AICEIA, Rajkot Branch. If no authorization in this regard has been made, then how some of our Comarde's has participated in the JCM.

    with regards

    Vikas Tiwari

  6. Dear sir,
    The issue raised by Shri Vikas Tiwari is serious in nature and introspection in this regard should be made as to why there remains a communication gap leading to unwanted situations like the one narrated herein above. An enquiry should be initiated regarding the incident and if someone is found guilty, then, action as per Article 11 of the Constitution of AICEIA should be taken against the errant member(s).
    With fraternal regards,
    R P Singh


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