LATEST HAPPENINGS

MUM/AIFSC/AM/40/2010

25.11.2010

To
The Addl. Director General (HRM)
Directorate General of Human Resource Development,
Central Board of Excise & Customs,
409/8, Deep Shikha Bldg.,
Rajendra Place,
New Delhi 110 008.

Subject: Cadre restructuring/reorganisation of Field formations under CBEC-2010 – regarding.

Sir,

Kindly refer to your Office Memorandum F.No. 8/B/12/HRD (HRM)/2010(Association)/3626 dated 11.11.2010 on the above subject.

At the outset, we sincerely thank the HRD (HRM), CBEC for allowing the Associations/ Federations an official opportunity to participate in the Cadre restructuring/ reorganisation process.

We also convey our sincere thanks to the all the officers of HRD (HRM), who undertook the painstaking exercise of preparing the commendable exhaustive proposal for Cadre restructuring/ reorganisation of Field formations under CBEC-2010.

We understand that the proposal has already made some progress and has a time bound mandate, failing which it might elude us the opportunity brought forth for us through the proposal.

In view of the above and in view of the fact that the whole Department including the HRD (HRM) is well aware of the woes of Superintendents of Customs both in respect of their stagnation as well as the shrinking job opportunities, we do not feel much enthused to reiterate the commentary of incessant injustice done to our cadre.

However, since it has been desired by the Board, we would prefer to confine our comments on few of the issues relating to our cadre directly or indirectly.

STAGNATION & PROMOTION

1. Bottleneck at Gr. A entry point and Adhocism in Gr. A for promotees:

It is needless to emphasize that the cadres of Inspector (Preventive Officer) and Inspector of Central Excise are severely stagnated and direct recruit Inspectors (Preventive Officer) are destined to retire with a single promotion in the whole of service life spanning about 35 years. As of now, direct recruit Preventive Officers of 1976 batch are still awaiting their promotion for the post of Asst Commissioner. The Inspectors do not get any further promotion beyond the level of Superintendent due to the skewed ratio of promotion. The number of posts available for promotion in the Superintendent cadre to the number of Inspectors cadre is in the proportion of 1:1, whereas in the case of Superintendents the proportion of their number to the available number of posts in Asstt. Commissioner’s cadre for promotion is only 13:1.

Not only the entry point to the Group A has been kept bottlenecked so long, the posts above the level of Asstt. Commissioner has also been kept beyond reach of the Superintendent by adopting a very cunning method of adhocism while promoting them as “Adhoc Asst. Commissioner” and then not regularising them for decades. Thus, the Cadre restructuring/reorganisation will alone not suffice the purpose. Adhoc promotions, which is a nurtured speciality of this Department, must be stopped forthwith and all the “Adhoc Asstt. Commissioners and Deputy Commissioners” must be regularised within a reasonable time frame.

It is also asserted that all the posts created in Gr A level through this Cadre restructuring must be filled only by promotion from the Cadres of Superintendents of Customs and Superintendents of Central Excise so as to dilute the massive stagnation in these two cadres. It may not be apportioned for the Appraisers as there is no stagnation in that grade.

2. Promotion of Superintendents directly to Dy. Commissioner’s grade:

An unforeseen circumstance has emerged in CBEC when the recent promotion of the Superintendent to Asstt. Commissioner was made. It has been found that the Superintendents, who have been drawing Grade Pay of Rs. 6600/- were ordered to be promoted to a Grade pay of 5400/-. The direct recruit Inspectors (now Superintendents), who remained severely stagnated, got their 3rd MACP on completion of their 30 years of service and were granted Gr. Pay of 6600/-, which was due; but by then they got only one functional promotion as Superintendent. The next functional promotion as Asst Commissioner could not reach them to 6600/- as the post of Asst. Commissioner carries the Gr. pay of 5400/- only. Thus, such promotion is wholly incorrect and they need to be promoted to the Grade of Dy. Commissioner.

It is justified to ask for such promotion not only in view of such situation, but also due to the fact that such arrangement is existing in the Central Secretariat Service, where the Section Officers, having same pay scale as of a Superintendent, are promoted to the pay scale of a Dy. Secretary.

3. Unjustified promotional prospects of Prev. officer vis-à-vis the Examiners:-

Within the cadre of Inspectors it is an extremely worrying fact that the Examiners have marched 15 years ahead of their comparable Preventive Officers and Inspector of Central Excise. As on date Examiners of 2001 batch have got their promotion as Asst. Commissioner whereas the Prev. Officers of 1976 batch are still waiting to become Asst. Commissioner. Unless the damage is repaired and efforts to control future damage is undertaken, the situation may lead to an administrative chaos.

It is proposed to undo the damage by way of maintaining the Group C Seniority of the two cadres of Customs namely Preventive Officers and Examiners (now Gr B non-gazetted) and the same must be the maintained at all the stages of future promotions.

The qualifying service for promotion of the Examiner is 3 years whereas that of for Inspector Central Excise & Preventive Officer is 8 years. The mode of recruitment of all these three posts namely Inspector CE, Preventive Officer & Examiner is the same and there is no justification in putting the Examiners at an advantage within the same department. The qualifying service for promotion of these three Cadres must be made identical.

CUSTOMS WORK FOR CUSTOMS STAFF

The job opportunities and the promotional prospects of the officers of Customs below the rank of Group A, have been severely hit due to creation of posts of the Central Excise officers in the expanded areas of Customs work. The majority of the newly created CFS and ICDs, which are handling Customs Revenue, are being manned by Central Excise Officers. As a result, the number of Central Excise Officers increased by leaps and bounds and at the same time the Customs work having been shifted to the areas outside the jurisdiction of the Customs Commissioners of the port cities, the job as well as number of the Customs staff shrunk. Although the Customs Revenue continued to increase, no one paid any heed to the erosion of job opportunities available to the subordinate staff of Customs. Moreover, the Customs work of the newly created large sea ports were also entrusted to the Central Excise officers thereby strangulating the growth of the Customs Officers. The Board is still patronising the outdated British idea of confining the Customs Officers within Sea Customs that too within the six Custom Houses of colonial days.

It is requested that through this restructuring and reorganisation all Customs work at all Customs stations must be entrusted to the Customs staff.

INDEPENDENT CUSTOM HOUSE AT GOA

Para 5.2 (iii) (b) of the Proposal document contains proposal regarding “Goa Customs House” and it is proposed that “After restoration of its original status, Goa Custom House may be kept under the jurisdiction of one of the three proposed Central Excise Zone in Pune”. We object to retain Goa Custom House under the jurisdiction of Central Excise Zone on the following grounds:

Since its creation the Goa Custom House was under the jurisdiction of Officer-in-charge of Mumbai Custom House.

The seniority of its Preventive Officers has been combined with officers of Mumbai Custom House.

The Cadre Controlling Authority of Preventive Officers and Superintendent of Customs has always been the Cadre Controlling Authority of Mumbai Custom House and consequently all cases of grant of ACPS and promotion to the post of Superintendent of Customs and Appraiser of Customs have been processed by the Cadre Controlling Authority of Mumbai Custom House.

Mumbai Custom House is also the designated nodal Custom House for Goa Custom House and all procedures and practices evolved in Mumbai Customs House are being followed in Goa Custom House in pursuance of the instructions of the CBEC.

The distance between Goa and Pune and Goa and Mumbai is almost the same but rail, road and air connectivity between Goa and Mumbai is many times better between Goa and Pune, which is one of the most essential pre-requisite for supervision by PCC of any Customs Zone.

It has been duly recognized that anti-smuggling and anti-narcotics operations are highly sensitive in Goa vide Para 5.2 (iii) (b) of Chapter 13 of Cadre Review Proposal, that itself is the biggest reason that overall supervision of these operations is entrusted to the Principal Chief Commissioner holding charge of any of the Customs Zones in Mumbai so that the practice and procedure evolved in Mumbai can be implemented in Goa simultaneously.

Therefore, after restoring the original status “Goa Customs House” it should be placed under the jurisdiction of any of the proposed Customs Zones in Mumbai.

We reiterate to extend our full support and cooperation in the implementation of the Cadre restructuring proposal- 2010.

Thanking You,

Yours Faithfully,

(ANUPAM MAJUMDAR)
PRESIDENT