TIOL-DDT 2255 · Thursday, 19 December 2013 · story 3 of 6

CBEC Cadre Review Notified

IN yesterday's DDT 2254, it was reported -

CBEC has constituted several committees to ensure that the cadre review is implemented smoothly and quickly. There is a Core Committee headed by the DG,HRD and several other committees such as Committees for DPC, Operational Issues and re-organisation, Recruitment, Technical matters, infrastructure.

They plan to complete the entire cadre review work in six months. The Cadre Review in CBEC is yet to be notified. Cadre Review in CBDT was notified in May 2013 and is yet to be implemented.

CBEC is getting about 18000 additional posts - can they really absorb this kind of work force?

By the close of the day, the competent authority had sanctioned the creation of 18067 posts in various grades under the Central Board of Excise & Customs with immediate effect. The total sanctioned staff strength now leapfrogs from 66808 to 84875.

There will be 14 new posts of Principal Chief Commissioner at the Apex Scale of Rs. 80,000 and 38 posts of Chief Commissioner in the scale of 75500-80000 - HAG+. There will be 100 Principal Commissioners in the HAG scale of 67000-79000.

They will have 2118 new posts of temporary Assistant Commissioners operational for five years. This means some 2118 Superintendents will get promotion and these posts will wither away in five years and will not be available for the subsequent batch of officers.

It is hoped that the committees and the sub-committees, if any, constituted to ensure that the cadre review is implemented smoothly and quickly stick to the time frame of six months so that at least some of them get that elusive promotion before they retire.

F.No. A/11019/08/2013-Ad.IV dated December 18, 2013

Appeal dismissed on ground that no clearance was obtained from CoD - Revenue seeking restoration - from the letter it is clear that CBEC had not decided to pursue matter and, therefore, matter was not listed before CoD at all - question of restoration of appeal does not arise at all - ROA not maintainable: CESTAT

REVENUE has filed an application for restoration of the appeal dismissed by the Tribunal on 29/07/2005 on the ground that no clearance was obtained from the Committee on Disputes (COD).

When the matter came up earlier, the department was directed to adduce evidence to the effect that they have obtained the clearance from COD.

To this direction, the Revenue submitted that no clearance is required in view of the Supreme Court decision in Electronics Corporation of India Ltd. ().

Be that as it may, a letter F.No. 390/143/99-JC dated 13/09/2013 was produced by the Revenue representative during the hearing held recently and which reads -

"Sub: Civil Appeal proposal in the case of M/s International Tobacco Co. (CESTAT Order no. 105/07 dated 21/03/2007)

Sir,

Please refer to your office letter F.No. 29/19/99/CX/R dated 30/08/2013. As desired, a copy of the letter forwarding the case of HPCL to the Committee on Disputes (COD) is enclosed for necessary action at your end. As informed earlier, the case was never listed for consideration of the COD as the Board had decided not to pursue appeal in the matter."

The Bench, therefore, observed -

"4. Inasmuch as the Board has decided not to pursue the matter and the same was also not listed before the COD for clearance at the relevant time and hence not pending, the question of restoration of appeal does not arise at all. Accordingly, we dismiss the application for ROA as not maintainable."

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