An emergency meeting of Members of IRS Association, Kolkata Chapter was convened to discuss the injustice and indignity caused due to CBEC’s Office order no. 42/2015 dated. 11/04/2015 regarding promotion of Officers of Indian Revenue Service (Customs & Central Excise) to the grade of Principal Commissioner, in violation of Department of Personnel and Training instructions.
The Association Members expressed deep shock and anguish to find many officers equipped with virtues like hard work and integrity coupled with knowledge of the subject and against whom no disciplinary proceedings was underway, being left out of the above mentioned CBEC promotion order, on purported ground of vigilance verification not being proper, as per guidelines, put up for consideration of the ACC.
Association Members discussed the issue threadbare. It was discussed that as the DGOV, an arm of CBEC, manned by cadre officers, overseen by CBEC headed by Hon’ble Chairman, concerned with providing inputs on vigilance clearances, has not done its mandated job earnestly and properly; all this problem cropped up. It was felt that the Board/DGoV should have done better in anticipating the queries/questions, which could have cropped up with the format/content of Vigilance Report sent to ACC. This kind of lapse on part of CBEC affects the morale of the officers and working environment in general as despondency creeps in.
The said lapse on the part of the officers responsible is of a serious nature and shows lack of intellectual and professional integrity. Besides this, it has also been seen that various instructions on the subject issue had been violated and this caused not only a situation wherein deserving officers, who were not facing any disciplinary proceedings were left out but the time and energy of ACC was also wasted.
Members, accordingly, came to the consensus that such happenings can be prevented in the future only if officers responsible for such a fiasco are sternly dealt with and disciplinary proceedings initiated against them for showing lack of devotion to duty. Besides this, the functioning of the Vigilance Directorate, Ad-V be overhauled and more transparency brought so that such gross negligence is not repeated in future.
It was decided in the meeting to pass resolutions on this issue and forward the same to All INDIA IRS Association to take up the matter at the highest level so that JUSTICE is done to the deserving and further steps be taken by CBEC so that this kind of gross injustices are not perpetrated on Officers of the Dept. in future.
Resolutions passed by the IRS Association, Kolkata Chapter :-
Member’s expressed deep shock and anguish at the treatment meted out to the deserving officers, apparently for no fault of theirs. The Members expressed wholehearted support and sympathy to the officers.
Association unequivocally demands much more transparency in the functioning of Board, transparency in transfers and promotion of officers. Due process of law should be followed so that officers do not keep guessing about their fate in transfers and promotion.
Association demands that Corrective action must be taken within a fortnight time.
Association Members demanded action against people responsible for perpetuation of such negligence as members firmly believe that the said order violates Art 21(as it robs the right of those who were denied promotion from living life with dignity); it is clear cut violation of law of land (extant DOPT guidelines), against order of Hon’ble Supreme Court in K.V. Jankiraman case AIR 1991 SC 2010 where it has clearly spelt out three conditions consequent upon which promotion may be denied
Government servants under suspension.
Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and
Government servants in respect of whom prosecution for a criminal charge is pending.
Many officers whose names are found missing in the above mentioned promotion order do not fall into any of the above three categories as enumerated by Hon’ble Supreme Court, reiterated by DOP&T O.M. No. 22011/4/91-Estt.-A dated 14th September 1992.
The All India IRS Association is urged to take up the matter to redress the aggrieved officer’s cause and to initiate such measures so that such order remains a one-off incident and is not repeated.
The Association Members expressed deep shock and anguish to find many officers equipped with virtues like hard work and integrity coupled with knowledge of the subject and against whom no disciplinary proceedings was underway, being left out of the above mentioned CBEC promotion order, on purported ground of vigilance verification not being proper, as per guidelines, put up for consideration of the ACC.
Association Members discussed the issue threadbare. It was discussed that as the DGOV, an arm of CBEC, manned by cadre officers, overseen by CBEC headed by Hon’ble Chairman, concerned with providing inputs on vigilance clearances, has not done its mandated job earnestly and properly; all this problem cropped up. It was felt that the Board/DGoV should have done better in anticipating the queries/questions, which could have cropped up with the format/content of Vigilance Report sent to ACC. This kind of lapse on part of CBEC affects the morale of the officers and working environment in general as despondency creeps in.
The said lapse on the part of the officers responsible is of a serious nature and shows lack of intellectual and professional integrity. Besides this, it has also been seen that various instructions on the subject issue had been violated and this caused not only a situation wherein deserving officers, who were not facing any disciplinary proceedings were left out but the time and energy of ACC was also wasted.
Members, accordingly, came to the consensus that such happenings can be prevented in the future only if officers responsible for such a fiasco are sternly dealt with and disciplinary proceedings initiated against them for showing lack of devotion to duty. Besides this, the functioning of the Vigilance Directorate, Ad-V be overhauled and more transparency brought so that such gross negligence is not repeated in future.
It was decided in the meeting to pass resolutions on this issue and forward the same to All INDIA IRS Association to take up the matter at the highest level so that JUSTICE is done to the deserving and further steps be taken by CBEC so that this kind of gross injustices are not perpetrated on Officers of the Dept. in future.
Resolutions passed by the IRS Association, Kolkata Chapter :-
Member’s expressed deep shock and anguish at the treatment meted out to the deserving officers, apparently for no fault of theirs. The Members expressed wholehearted support and sympathy to the officers.
Association unequivocally demands much more transparency in the functioning of Board, transparency in transfers and promotion of officers. Due process of law should be followed so that officers do not keep guessing about their fate in transfers and promotion.
Association demands that Corrective action must be taken within a fortnight time.
Association Members demanded action against people responsible for perpetuation of such negligence as members firmly believe that the said order violates Art 21(as it robs the right of those who were denied promotion from living life with dignity); it is clear cut violation of law of land (extant DOPT guidelines), against order of Hon’ble Supreme Court in K.V. Jankiraman case AIR 1991 SC 2010 where it has clearly spelt out three conditions consequent upon which promotion may be denied
Government servants under suspension.
Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and
Government servants in respect of whom prosecution for a criminal charge is pending.
Many officers whose names are found missing in the above mentioned promotion order do not fall into any of the above three categories as enumerated by Hon’ble Supreme Court, reiterated by DOP&T O.M. No. 22011/4/91-Estt.-A dated 14th September 1992.
The All India IRS Association is urged to take up the matter to redress the aggrieved officer’s cause and to initiate such measures so that such order remains a one-off incident and is not repeated.
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