RTI Requests

 

                                THE RIGHT TO INFORMATION ACT, 2005

                          APPLICATION FOR OBTAINING INFORMATION

                                         [For Central Govt. information]

 

Date: _________                                                                    By speed/regd. AD post

 

To,

Central Public Information Officer [CPIO]

Central Board of Excise and Customs 

North Block. New delhi : 110011

India.

Sub: Application under Right to Information Act 2005

Dear Sir,

Please provide the following information under Right to Information Act 2005.

1. In a rebate matter of Surat (Gujarat) which dates back to 2004, officers working in Vadodara, Surat and Vapi Commissionerate have been facing vigilance cases of minor and major penalty under rule 14 and 16 of CCS (CCA) Rules.1965. Shri SKH Meshram, now Deputy Commissioner, Customs Air Cargo (Export), Mumbai  has been the Inquiry Officer and one Shri  A.K.Nautiyal, Superintendent, working in Vapi Commissionerate,Vapi is the Presenting officer. The disciplinary proceedings for minor penalty have been fully over since last two years before Shri SKH Meshram and the matter is pending only for his Inquiry Report, but he is avoiding to submit his Inquiry Report with ulterior motive to the Disciplinary Authorities. The period of two years is pretty long and beyond imagination for submission of I.O. report in any minor proceedings. Despite the Commissioner, Daman and Vapi having talked to Shri Meshram on phone, he has shown recalcitrant attitude and not sent the reports. The Commissioner, Vapi , it is learnt has twice officially wrote letters to Shri  Meshram to send I.O. reports, but still he has not responded.  Earlier, the proceedings in minor penalty were over in Vapi, Surat- and Surat-II Commissionerate and some resulting into penalty of CENSURE to officers. The following are the officers whose proceedings for minor penalty have been over before Shri Meshram.

Shri R.P.Trivedi,  Superintendent. (Expired)

Shri J.K.Tambe,  Superintendent

Shri D.I.Parikh,  Superintendent.

Shri A.V.Patel,   Superintendent

Shri Y.V.Patel,  Superintendent

B.M.Kolakkar (due to retire in May, 2013)

Shri  Kasim Sindhi, Inspector.

The Hon’ble CVC, India has time and again entailed that the departmental proceedings are over well within time-limits prescribed by him and failure thereof will amount to misconduct attracting penal action for the officers involved. I may quote the few, Sir.

(a) CVC vide its Order No. 000/VGL/18 dated 23^rd May, 2000 fixed the schedule of time- The limits in conducting investigation and departmental inquiry. (In this six months time-limit for completion of the proceedings are mentioned after appointment of I.O. /P.O.

(b)Office Order No. 51/08/2004 dated 10^th August,2004 issued from CVC File No.000/VGL/18 which encompassed that, “ Delay in decision making by authorities in processing of vigilance cases would also be construed as misconduct under the relevant Conduct Rules and would be liable to attract penal action.”

From the above, it may kindly seen that Shri SHK Meshram has grossly violated the norms  entailed for finalization of the departmental proceedings by the CVC  and unduly delayed the submission of I.O. report which has ultimately resulted into abnormal delay in finalization of disciplinary proceedings in case of  minor penalty against the officers. Shri Meshram has acted as if he is working in some private institution and not liable for action for his misconduct.  Due to non-submission of I.O. report by Shri S.K.H.Meshram, the disciplinary proceedings have prolonged for 4 long years and charged officers are undergoing severe mental agony.

3. Particulars of information required

(1)    In view of the extant Office Orders dated 23-05-2000 and 10-08-2004 of the CVC, whether CBEC, New Delhi asks for monthly reports on disciplinary proceedings which are badly delayed due to recalcitrant attitude of the Investigation Officers like Shri Meshram  and if yes, what action has been recommended by the CBEC, New Delhi to lower formations against such errant officers?

(2)        what action has been taken by the department so that Shri SKH Meshram submits his IO   report to the respective disciplinary authorities within fixed time schedule as mentioned in CVC’s  Order No. 000/VGL/18 dated 23^rd May, 2000 ?

(3)    In view of the above serious situation, please let me know whether CBEC, New Delhi has considered the above mentioned conduct of Shri S.K.H.Meshram as misconduct in view of the CVC’s Office Order No. 51/08/2004 dated 10^th August,2004 issued from CVC File No.000/VGL/18?  If yes, whether Shri  S.K.H. Meshram has been issued charge sheet for the gross misconduct committed by him and at what stage the said charge sheet is pending.

(4)    What action the department of Central Excise & Customs intend to take  to attenuate the miseries of the officers whose proceedings are not over for 3 ½ long years after issue of charge sheet solely due to  refractory attitude of Shri S.K.H.Meshram resulting into insubordination?

 

 

Yours sincerely,

(——)