A Commissioner's Struggle for Promotion

By Vijay Kumar

Mr. Yuvraj Gupta was initially appointed as a Probationer in the Customs and Excise Department on 11th December, 1972. He was promoted from time to time and in the year 1996 he was promoted asa Commissioner.

In the year 2003, when he was posted as Commissioner (Investigation) in the Settlement Commission (Customs and Central Excise), Mumbai, a departmental inquiry was initiated against him vide a memorandum dated 6th September, 2003 which culminated into an order dated 30th July, 2009 whereby the Government communicated a displeasure to him. No penalty or punishment as prescribed under the CCS(CCA) Rules was awarded to him. In the year 2003 itself he was due for consideration for promotion to the rank of Chief Commissioner but on account of the departmental inquiry initiated against him on 6th September, 2003 his name was kept in a sealed cover. He superannuated on 31st December, 2008 and till the date of his retirement, the departmental inquiry continued and thus he could not be promoted to the rank of Chief Commissioner by the DPC which was conducted in the year 2003. He pleads that a displeasure is not a punishment either as per the rules or guidelines and, even otherwise, once the inquiry had been concluded the Department is bound to open the sealed cover and take a decision in the matter.

Since the year 2009, he has been running from pillar to post as repeated representations filed on his behalf have fallen on deaf ears. He has repeatedly requested the department to open the sealed cover and communicate the findings of the DPC and has also sought implementation thereof.

The Charge against the Commissioner was:

"That Shri Yuvraj Gupta while functioning as Commissioner of Customs, C.S. International Airport, Mumbai during the period June-July, 2000 committed gross misconduct in as much as he manipulated his entry into the MVHA (Mumbai Veteran Hockey Association) team as Chief-de-mission to visit USA and UK by exercising official influence on his subordinate, namely, Shri M.R.Negi, Superintendent of Customs, Mumbai, though the said Shri Yuvraj Gupta had no association with the game of hockey and more so, he was never a member of MVHA.

That Shri Yuvraj Gupta was sanctioned special casual leave from 7.7.2000 to 21.7.2000 by Chief Commissioner of Customs, Mumbai to accompany the MVHA team to take part in hockey tournament in Los Angeles between 15.7.2000 to 16.7.2000 in the capacity of Chief-de-mission. He however, did not take part in any of the activities of MVHA except attending the prize distribution ceremony in Los Angeles and though he was aware about the cancellation of hockey matches scheduled to be played in London during his stay in USA, he visited London for private purposes misutilising the special casual leave granted to him and thus used MVHA as a front to facilitate his visit to USA and UK. Thus, Shri Yuvraj Gupta committed gross misconduct and thereby contravened Rule 3(1) of Central Civil Services (Conduct), Rules, 1964".

Two weeks ago, the Delhi High Court passed an order directing the Board to open the sealed cover within a period of three weeks and pass appropriate orders forthwith thereafter.

Will he get that retrospective promotion eight years after his retirement?

Taxes are the life-blood of any Government; but it cannot be overlooked that such blood is taken from the arteries of the taxpayer and therefore, the transaction is to be accomplished in accordance with principles of justice and good conscience.