All India Central Excise Inspectors' Association

ALL INDIA ASSOCIATION OF CENTRAL EXCISE AND CUSTOMS GAZZETED EXECUTIVE OFFICERS

:RAJKOT UNIT

ALL INDIA CENTRAL EXCISE INSPECTORS ASSOCIATION

:RAJKOT BRANCH:

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

To,

The Chief Commissioner,

Central Excise,

Ahmedabad.

Sir,

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.