Letter to PMO on Vigilance Awareness

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS (Representing the Superintendents of C.Ex & CGST) [Recognised vide CBEC Letter F. No. B 12017/10/2004-Ad IV A dated 21/01/2008] 6/7 A.T.D. Street, Race Course Road, Coimbatore – 641018. Email id: aisacbitc@gmail.com&manimohanr66@gmail.com

President Sanjay Srinivasan Vice Presidents:  Prabir Mukhopadhyay Sanjay Kumar  H.S. Bajaj  K.S. Kumar P.K. Jaishankar Iyer Secretary General  R. Manimohan (09443063989) Asst Secy General  Shishir Agnihotri Joint Secretaries: Kousik Roy D. S. Thakur Malkit Singh  Kalugasala Moorthy Sandip Panvalkar Core Committee: R. Chandramouli Tirthankar Pyne Ajit Kumar K.G. Office Secretary: K.R.Dinesh Kumar (09443935875)

Ref. No: MOS/PMO/01/2017                                    Date: 03.11.2017 To Dr. Jitendra Singh, Hon’ble Minister of State, PMO, Public Grievances & Pensions, South Block, New Delhi. Respected sir, Sub: - Vigilance Awareness Week, 2017- Suggestions on methods to contain and combat corruption – reg On behalf of our Association, it was a privilege to have participated in the Inaugural session of the Vigilance Awareness Week 2017 at Vigyan Bhavan, New Delhi on 30.10.2017, as per the invitation extended by the CVC.  It was also a privilege to listen to your good self and the Hon’ble Vice President of India on the occasion.   In this context, it is felt that the following few suggestions, if placed before your good self, could get the consideration of the Government and the Hon’ble Prime Minister and necessary action initiated to reinforce a clean governance. As the Hon’ble Vice President stated, clean water could be delivered through the taps, only if the overhead tank is clean. Similarly clean water cannot be delivered if the pipes remain rusted and leaky.  This was also pointed out by the Hon’ble Vice President quoting the former Prime Minister Shri. Rajiv Gandhi who had said that the expenses made by the government do not reach the common man.  This problem becomes inherent if the mindset of the officials in the Government machinery is to hold up the legitimate rights of the citizens of the country and expect to be compensated over and above their salary and allowances, to allow such benefits to flow to the society. Misuse of office and discretionary authority are other contributors to such pollutants. In this context, the manner in which the rights and legitimate interests of the Government servants are tackled itself plays a vital role in moulding their mind set. Just like charity beginning at home, all negative traits also would be carried down the line.  Hence, some of the chief issues in this regard immediately relevant in the case of the members of this Association are brought to your kind notice in general for issue of necessary guidelines:

 1) Applicability of judicial decisions in rem:

Whenever some legitimate dues are available to the Government Servants through Judicial verdicts, it should not be blocked by making the decision personal to the petitioners, even when rule of law or interpretation of statute/rule/circular is involved. This pattern if repeated by the persons who are adversely affected, in discharge of their duties, creates a chain reaction increasing the number of litigations, fretting away precious money, time and energy.  This will only lead to frustration and corruption in the system.

Hence, in keeping with the statement of the Hon’ble Prime Minister to do away with unnecessary litigation and to avoid individuals taking pains to go to the judiciary for even settled issues, instructions may kindly be given to the DOPT to implement all judicial verdicts in rem wherever the judgments/decisions are against any circular/instruction/rule of the Government and when no further appeals have been made against such decisions.

2) Rejection of retrospective/monitory effect on grounds of lack of funds:

There is also a tendency to deny the legitimate benefits on grounds of lack of funds.                In this case, it has to be pointed out that even a decision on a particular eligibility takes considerable amount of time and nowhere there is the practice of paying interest for the delay, to Government Servants.  Yet, retrospective and monitory effect for such decisions also is refused in many cases.  This will amount not only to justice delayed and therefore denied, but also being denied straight away.

In the case of Officers of Revenue departments itself, there is the classic case of denial of parity of pay scale with that of their counterparts in the CBI with effect from even 1.1.96.  Though the demand was conceded by the Government, it was effected only with effect from 21.04.2004 prospectively vide Expenditure Department’s O.M. No.6/37/98-IC dated 21st April, 2004, even though as per the grounds on which the decision was taken, the issues germane to the decision dates back to 1.1.96 (i.e the date from which the recommendations of the 5^th CPC were implemented).

3) Demarcation of duties and responsibilities for each cadre for probity and accountability:

          Every service requires clear cut demarcation of duties and responsibilities and safeguards in the conduct of one’s official functions.  Only then there could be  probity and accountability.     

In respect of the Officers working in the CBEC, lack of clear cut demarcation of duties and responsibilities pertaining to each and every cadre gives room for misuse of office and officials on one hand and encouragement of inefficiency and unaccountability on the other because no one can be held responsible for anything.

4) Procedures without proper authority of law leading to corruption and misuse of office:

          The culture of unofficially donning uniform akin to the Police force in the Central Excise formations, merely to give an impression of authority, is another instance which remains at the root of corruption and on being encouraged affects the image of the department in public eye on one hand and creates panic of high handedness and derision/distrust in the minds of the trade on the other.  If allowed to continue, such a negative impression in the GST era, can very well impact flow of foreign investments into the country.

5) Restoration of proper functioning of the consultative machinery involving the staff at various levels:

          Favouritism and nepotism are other forms of corruption which can be contained only by a healthy interactive machinery of the State at all levels where the employees will be able to state the collective grievances in an organised manner and also bring to notice cases of wrongdoings at various levels, cutting across hierarchical controls and thus acting as whistle blowers .  The JCM facility which was introduced for the said purpose has also run into procedural tangles, thus not able to deliver the desired results, even at the levels where it works.

          On the occasion of the Vigilance Awareness Week 2017, we hope that the above suggestions would be taken into consideration and necessary instructions issued to the concerned authorities in the interest of combating corruption on the above grounds.

Yours truly,

(R. Manimohan)

Secretary General

Copy for information to:

1)    Shri. K.V. Chowdary, Central Vigilance Commissioner, Satarkta Bhavan, INA, New Delhi – 110023.

2)    Shri. Rajiv, Vigilance Commissioner, Satarkta Bhavan, INA, New Delhi – 110023.

3)    Dr. T.M. Bhasin, Vigilance Commissioner, Satarkta Bhavan, INA, New Delhi – 110023.

(R. Manimohan)

Secretary General