FURTHER UPDATE ON 5400 CASE

Today (31.10.2013) the Contempt petition was listed for hearing. The C.G. Counsel Mr. 
Sundareswaran who had taken notice of the contempt petitions on behalf of all 4 respondents 
last week appeared before High Court and informed that my petition for early hearing in 
Supreme Court was withdrawn and they (department) were also trying to obtain early orders from 
the Supreme Court. When it was pointed out that over 3 years has lapsed and order of the High 
Court not implemented, the counsel has pleaded that within 2 weeks time they would obtain stay 
from the Supreme Court against the High Court's order. The High Court has directed that the 
order of the High Court should be implemented within 2 weeks failing which the 4 respondents 
may have to appear in person before the High Court. 

The department by sighting contempt petition may try to obtain stay in SLP CC 15627/2011 filed by the department but it may not be possible in view of not granting stay earlier.  

UPDATE ON CONTEMPT CASE 5400 IN CHENNAI HIGH COURT

THE CASE HAS BEEN ADMITTED BY COURT. NOTICES HAVE BEEN RECEIVED BY THE DEPARTMENTAL COUNSEL ON BEHALF OF CHAIRMAN/CC/COMMISSIONER. NEXT DATE WILL BE GIVEN FOR HEARING.

CONTEMPT PETITION ON 5400 GP IN CHENNAI HIGH COURT IS POSTED FOR TODAY

COURT NO. 4           
HON'BLE  MR JUSTICE N.PAUL VASANTHAKUMAR
HON'BLE MR JUSTICE K.RAVICHANDRABAABU
TO BE HEARD ON THURSDAY THE 24TH DAY OF OCTOBER

 2013 AT 12.30 P------------
                                        

     CONT.P - FOR ADMISSION
       ~~~~~~~~~~~~~~~~~~~~

6.     CONT P.2397/2013       M/S.V.PARTHIBAN                            
       AND                    
       SUB A.646/2013   

Supreme Court Hearing on 5400 GP Update

Supreme Court Hearing Update
The Application for early hearing in the Rs 5400/- GP for Inspectors on completion of 4 years after grant of first ACP was heard in the Supreme Court today by the Chief Justice's  Bench. The CJI observed that since no Interim Orders had been passed earlier in the case, and since mostly it was in cases of 2008/2007 or earlier that early hearing was being  considered, it is too early in our case to allow such an application. The CJI also suggested that such an application may be filed next year. Accordingly our Counsel withdrew the Application. More details to follow.

The contempt petition filed by Sri.Subramanyam in Chennai High Court may come up this month.

Ajit Kumar K G
Secretary General    
AICEIA

Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (HOTA Committee)

The following OMs have been issued implementing the HOTA committee recommendations:

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-31-14102013.pdf
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-35-14102013.pdf
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-135-14102013.pdf
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-36A-14102013.pdf
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-38-14102013.pdf
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-48-14102013.pdf

CABINET NOD TO NEW CESTAT BENCHES AT HYDERABAD,CHANDIGARH AND ALLAHABAD

Creation of additional Benches of the Customs, Excise and Service Tax Appellate Tribunal

The Union Cabinet today gave its approval for setting up six additional Benches of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), including three at the existing locations of New Delhi, Mumbai and Chennai and three new Benches at Chandigarh, Allahabad and Hyderabad.  With the creation of six additional benches of CESTAT, disposal of cases will increase and pendency will decrease benefiting Government and tax payers. The proposal would facilitate the cause of Government as well as litigants, by reducing travel time and expenditure and also the timely disposal of cases.  The creation of additional/new Benches of the CESTAT would require the creation of twelve posts of Members of the Tribunal (6 Technical and 6 Judicial Members) in the Higher Administrative Grade (HAG+) in addition to 98 posts of supporting staff including Deputy Registrar/Assistant Registrar.  The creation of additional/new Benches of the CESTAT would amount to a one time expenditure of Rs. 3.45 crore while the recurring expenditure would be Rs. 10 crore per annum.  Background:  The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) was created in 1982 to provide an independent and impartial forum to hear the appeal against orders and decisions passed by the Commissioners of Customs and Excise under the Customs Act, 1962, Central Excise at 1944 and Gold (Control) Act, 1968.  After coming into operation of the Service Tax vide Chapter V of the Finance Act, 1994, Service Tax Appeals have been included in the Jurisdiction of the tribunal. The Tribunal is also empowered to hear the appeals against the orders passed by designated authority with regard to Anti Dumping Duties under the Customs Tariff Act, 1975. At present, CESTAT has three benches each in Delhi and Mumbai and one bench each at Kolkata, Chennai, Bangalore and Ahmedabad. The headquarters as well as Principal Bench of the Tribunal are in Delhi.       *****

Insp to Supdt Promotion Orders Hyd-CCA

Supdt Promotion Orders

ACs MACP ORDER HYD-CCA

ACs- MACP Order

Update by SG AICEIA-Supreme Court Case - Rs 5400 GP to Inspectors on completion of 4 years after grant of 1st ACP, News on CR

The AICEIA is fighting a case on behalf of Shri M Subramaniam, erstwhile General Secretary of the Salem Branch of the AICEIA . The case relates to entitlement of Grade Pay of Rs 5400/- to Inspectors on completion of 4 years after they get their 1st ACP. The Government has filed a Civil Appeal challenging the Madras High Court Order favouring Shri Subramaniam, and the same is pending  before the Supreme Court.  As per decision of the Central Executive Committee of the AICEIA, an application for early hearing was filed in the case, and the same is coming up for hearing before the Supreme Court on 21.10.2013. Senior Counsel has been engaged in the case to represent the party Respondent. 

News regarding CR is that the Cabinet Note has been approved by the Finance Minister, and it is expected that the same will be placed before the Union Cabinet shortly.

Meanwhile this Association's efforts to highlight the plight of the Gr B Central Excise executives regarding acute stagnation continue at all levels in the maximum effective manner. We are very hopeful of permanently doing away with the shamefully appalling regional disparities in promotions that exists among Inspectors of different Cadre Control Zones very soon, and that would indeed be a very important step towards our ultimate aim of achieving parity in promotions among all 3 cadres ( POs & Examiners of Customs, and Inspectors of Central Excise) and securing for ourselves avenues for career advancement comparable with those available to analogous cadres in other departments.

Ajit Kumar K G
Secretary General

PRESENT POSITION OF CR PROPOSALS OF CBEC & MEETING WITH CABINET SECRETARY.- by Com.Ravi Mallik

Dear friends,

Good evening.

"VARY VARY HAPPY NAVRATRAS TO ALL THE MEMBERS 
& OFFICE BEARERS WITH FAMILY" 

1) One more meeting was held with the Cabinet Secretary today. 
The submissions made to him are posted below for information of our members. 
http://cengoindia.blogspot.in/2013/10/present-position-of-cr-proposals-of.html

2) The cabinet note in r/o CR has been sent to the FM for approval. After his
 approval, it will be sent to the Cabinet. 

Love,

Ravi Malik.

SG/AIACEGEO

HYD CCA SUPDTS MACP ORDER

MACP Order