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(REMINDER) From
Ashok Ranjan Kumar Tax Assistant
Mumbai Customs Zone - I Date: 12.10.2020
To,
The Principal Commissioner of Customs (Gen) Mumbai Zone-I New Custom House Ballard Estate Mumbai - 400001.
Respected Madam/Sir,
(Through Proper Channel)
Sub:- Representation for considering my name for promotion to the grade of Senior Tax Assistant in review DPC held for the vacancy year 2015-16 for which Order were issued under the Estt. Order No. 280/2018-19 dated 10.01.2019-reg.
Kindly refer to my earlier representations dated 25.01.2019 and reminders dated 18.03.2019, 22.05.2019, 09.12.2019 and 06.01.2020 on the subject matter, the undersigned wants to draw your kind attention towards the Review DPC held for promotion to the grade of Senior Tax Assistant for the vacancy year 2015-16 for which orders were issued under Estt. Order No. 280/2018-19 dated 10.01.2019 vide F.No. S/5-329/2018-19 Estt. P&E by the Deputy Commissioner of Customs (P & E), Mumbai Zone-I and submit following points for your kind consideration and favorable orders:-
1. I, Ashok Ranjan Kumar, was selected as Tax Assistant through SSC, CGLE, 2011. On being allocated I joined in Mumbai Customs on 27.12.2012 as Tax Assistant.
2. I was transferred to the office of the Chief Commissioner of Central Excise & Service Tax, Ranchi Zone, Patna under the Inter-Con-tmissionerate Transfer, in pursuance of Order No. 31/CCO/2016 dated 05.09.2016 issued by the Joint Commissioner, office of the Chief Commissioner of Central Excise and Service Tax, Ranchi Zone, Patna and consequently relieved from the office of the Chief Commissioner of Customs, Mumbai Zone - I vide Estt. Office Order No. 303/ 2016 dated 23.09.2016 of Assistant Commissioner of Customs, Personal & Establishment, Mumbai-I. Subsequent to this I joined the office of the Chief Commissioner of Central Excise and Service Tax, Ranchi Zone, Patna on 26.09.2016.
3. It is submitted that I had applied for repatriation within lien period, through proper channel from CGST & CX Ranchi Zone, Patna to Customs Mumbai Zone - I, vide my letter dated 04.07.2018, which has been forwarded by the Joint Commissioner (CCO), Patna vide letter C.No. I1(3)26-ET/ Lien/CCO/RZP/2013/8919 dated 27.07.2018.
4. The said application has been accepted by the Principal Chief Commissioner of Customs, NCH, Mumbai Zone - I vide F.No. S/21-07/2019-Estt. P&E dated 07.11.2019(copy enclosed) with remarks that "granted the permission for repatriation to Mumbai Customs, without loss of seniority as the application of undersigned was received within the lien period", in the light of Hon'ble CAT Patna, O.A.No. 543 of 2019, Shri Ashok Ranjan Kumar Vs UOI &Ors.
5. In view of the above order, I have relieved from Office of the Chief Commissioner of Central GST & CX, Ranchi Zone, Patna w.e.f. 29.11.2019 and joined Mumbai Customs, Zone - I on 02.12.2019.
6. I also draw your kind attention tlPiat during the period 2015-16, I was posted under the office of the Chief Commissioner of Customs Zone, Mumbai-I and was
occupying a permanent substantial post, but my name was not reflected in the
Establishment Order No. 280/2018-19 issued vide F. No. S/5-329/2018-19 Estt. P & E
dated 10.01.2019 issued for the promotion to the grade of Senior Tax Assistant from
Tax Assistant w. e. f. 13.05.2015 even though I was eligible for being considered for
the said promotion. It is also submitted that the names of the candidates who were
junior to me were granted promotion in the said Estt Order. The candidate at Sl. No.
233 (ShriGauravYadav) reflected in the said Estt Order is junior to me and has
been granted promotion to the grE de of Senior Tax Assistant under Customs Zone, Mumbai-I.
7. During the relevant period when actual vacancies have been arisen for which DPC
was convened, I was available and working on permanent post under the Chief
Commissioner of Customs Mumbai Zone and was willing to work on the promoted post for which I was eligible, had the DPC been held on time. Hence it is submitted
that the DPC ought to have considered my name for promotion to the grade of
Senior Tax Assistant and would have granted the financial benefits/ emoluments
eligible for the said post from the date of my eligibility to the promoted post but the
same has not been done, which has caused undue hardship for the undersigned. 8. In view of the above, it is again requested to kindly get my name included in the
Review DPC Estt. 280/2018-19 dated 10.01.2019 held for the vacancy year 2015-16 as
my juniors have got promotion w..e. f. 13.05.2015 and also issue directions for grant
of Promotion & financial benefits to the undersigned as eligible for the post of Senior Tax Assistant w.e.f. 13.05.2015.
Thanking you in anticipation.
Yours faithfully,
End: as above
(Ashok Ranjan Kumar)
Tax Assistant/ P&E
Mumbai Customs Zone - I
Copy to:
1. The Principal Chief Commissioner, Mumbai Customs, Zone - I 2. The Additional Commissioner (P&E), Mumbai Customs, Zone - I
uISS
zONE
OFFICE OF THE PRINCIPAL COMMIsSiONER OF CUSTOMS (GENERAL)
T ftATA , T RE, iT- 400001 NEW CUSTOM HOUSE, BALLARD ESTATE, MUMBAIL-400 001
.11.2019 5T5TT: S/21-07/2019-Estt. P&E
o.A. No. 543 of 2019, Shri Ashok Ranjan Kumar Vs UOI & Ors
BRIEF FACTS OF THE CASE Shri Ashok Ranjan Kumar recruited as Tax Assistant through CGLE-
2011 joined the Department (Mumbai Customs) on 26.12.2012. The applicant
was then transferred to Patna CGST & CX Commissionerate under Inter
Commissionerate Transfer (ICT) on 23.09.2016 vide E.0.0. No. 303/2016 on
accepting the governing policy and its conditions contained in CBIC letter F.No.
22015/23/2011-Ad.l.A dated 27.10.2011 meant for 1CT.
Shri Ashok Ranjan Kumar vide letter dated 04.07.2018 requested to the
Chief Commissioner of Customs, Mumbai Zone-1, New Custom House for
considering his representations to repatriate him from CGST & CX, Ranchi
Zone Patna to Customs, Mumbai Zone-I claiming he still is within lien period of
two years as he was relieved from Mumbai Customs, Zone I on 23.09.2016 and
he may not be deprived of the benefits related with seniority and promotion.
Joint Commissioner (CCO), Patna CGST also forwarded a letter C.No.
II(3)26-ET/ Lien/CCO/RZP/2013/8919 dated 27.07.2018 regarding submission of representation for repatriation from CGST & Central Excise,
Ranchi Zone, Patna to Customs Zone-1, Mumbai in respect of Shri Ashok
Ranjan Kumar, TA, CCO cGST &CX Ranchi Zone, Patna, alongwith the
application of Shri Ashok Ranjan Kumar, TA dated 04.07.2018 regarding
representation for repatriation from CGST & Central Excise, Ranchi Zone,
Patna to Customs, Mumbai Zone-1.
DISCUSSION AND FINDINGS
The applicants, Shri Ashok Ranjan Kumar, Tax Assistant then filed O.A
No. 543/2019 in Hon'ble Central Administrative Tribunal bench at Patna
seeking following reliefs:
This Hon'ble Tribunal may direct to the respondents to consider and a.
accept the request of the Applicants for repatriation to thc office of the
Chief Commissioner of Customs, Zone-1, from where they were
relieved on 23.09.2016 and had lien there in terms of the
Fundamental Rules 12A and 13 and has been making the request for
repatriation within the lien period since 04.07.2018 onwards.
b. This Hon 'ble Tribunal may further be pleased to pass any order as
deemed fit in the facts and circumstance of the case.
Further, the Hon'bie Central Administrative Tribunal, Patna passcd the
1ollowing Order dated 27.05.2019 in case of above said O.A. No. 543/2019 and
directed the Respondents:
"In view of above submissions, we are of the view that the pending
representation of the applicant needs to be considered. Accordingly the
respondent No. 2 i.e. Chief Commissioner of Customs is directed to consider the
aforesad pending representation of the applicant as expeditiously as in
accordance with the terms and regulations preferably within a period of 60 days
from the date of receipt of copy of this order"
ORDER
In pursuance to the order issued by the Hon'ble CAT, Patna dated
27.05.2019, Shri Ashok Ranjan Kumar, Tax Assistant at present posted in
Ranchi Zone, Patna Commissionerate, is hereby granted the permission for
repatriation to Mumbai Customs, without loss of seniority as his application
was received within the lien period, subject to the condition that he will not be
eligible to apply for deputation, loan or Inter Commissionerate Transfer (1CT) to
any Commissionerate, Directorate or Formation outside the Mumbai Customs
Zone for a period of five years. Any deviation shall result in disciplinary action
for consequential loss of seniority.
(B. Bhattacharya) Pr. Chief Commissioner of Customs
New Custom House, Mumbai Zone -I
Copy to:
1. The Joirnt Commissioner (CCO), CGST & CX, Ranchi Zone, Patna.
2. Shfi Ashok Ranjan Kumar, Tax Assistant, CGST & CX, Ranchi Zone, Patna. The Assistant Commissioner of Customs, CAT Cell, NCH Mumbai.
4 The Assistant Commissioner of Customs, CCO, NCH Mumbai.
3/5/2021 RTI Details
https://rtionline.gov.in/RTIMIS/CPIO/RTIDetails.php?reg=OWxHYUw4VGdRc1RjVUhIOXE1UFBwVUlGTnZZYjNCN1BFNmpsdEpOdFk3dz06OjD0dcT… 1/1
RTI REQUEST DETAILS (आरटीआई अनुरोध िववरण)
Registration Number (पंजीकरण सं�ा) :CCUM1/R/E/21/00008 Date of Receipt (�ा�� की
तारीख) :10/01/2021
Type of Receipt (रसीद का �कार) :Online Receipt Language of Request (अनुरोध
की भाषा) :English
Name (नाम) : Ashok Ranjan Kumar Gender (िलंग) : Male
Address (पता) : S/o - Kapil Deo Prasad, Sector - 7, B.no. - 49, R.no. - 1994, Shaikh MishreeRoad, C.G.S Colony, Antophill, Pin:400037
State (रा� य) : Maharashtra Country (देश) : India
Phone Number (फोन नंबर) : Details not provided Mobile Number (मोबाईल नंबर) : +91-9801190777
Email-ID (ईमेल-आईडी) : [email protected]
Status (��थित)(Rural/Urban) : Urban Education Status : Graduate
Is Requester Below Poverty Line ? (�ा आवेदकगरीबी रेखा से नीचे का है?) :
NoCitizenship Status (नाग�रकता)
Indian
Amount Paid (रािश का भुगतान) :10 ) (original recipient) Mode of Payment (भुगतान का
�कार)Payment Gateway
Does it concern the life or Liberty of a Person?(�ा यह िकसी ��� के जीवन अथवा �तं�ता से
संबंिधत है?) :
No(Normal)Request Pertains to (अनुरोध
िन�िल�खत संबंिधत है) :
Shri RajeshMunde (General)
Information Sought (जानकारी मांगी):
With reference to my representation dated 25.01.2019 and subsequentreminders dated 18.03.2019, 22.05.2019, 09.12.2019, 06.01.2020 & 12.10.2020(Copy enclosed) .I would like to have the following information under the RTIAct 2005:-1. Present status of my representations.2. Provide the action taken report of my representations.3. Copy of the relevant file notings in which my representations were dealt withprovided to me.
Print Save Close
File No.GEN/RTIVAPP42/2021-TECH-Olo PR COMMR-CUs-GEN-Zone-l-Mumbai
OFFICE OF THE PRINCIPAL COMMISsIONER OF cuSTOMS (GENERAL)
RIGHT TO INFORMATION CELL, NEW CUSTOM HOUSE,BALLARD ESTATE, zjnf/MUMBAI 400 001
Email ld: [email protected]
faie5/Date: 22 /01/2021ufa/ToAshok Ranjan KumarS/o Kapil Deo Prasad, Sector 7,B.No. 49, R.No. 1994, Shaikh Mishree Rond,C.G.S Colony, Antophill, Mumbal Pin:400037.
Please refer to your online RTI Registration No. CCUM1/R/E/21/00008 dated 10/01/2021.received in this office on 12/01/2021, seeking information under Right to Information Act, 2005.
With regard to the information sought by the above referred RTI, reply has been receivedfrom P&E(Gen) Section, Mumbai Customs Zone-l, NCH vide letter F.No. S/5-236/2016 P&E and is
as under
Point 01.02 &03: The representation is being scrutinized.
lf you are not satisfied with the information provided, you can prefer an appeal before the
Appellate Authority as provided in Section 19 of the Right to Information Act, 2005 within 30 days
from the date of receipt of this letter. The details of the Appellate Authority are as under:
H IName du HT, HIAaThTVijay J. Manvatkar
HTR HTGi/Addl. Commissioner of Customs
t Tt (HTAI)IAppellate Authority (General)qaA Designation
31 94T /Postal Address T ATGa, Tda HTAT RIo Haa/3r" Floo, New Custom House,
dars vRE, Ja$/ Ballard EstateMumbai - 400 001
(s. TSer BI Ór. Rajesh Munde)
34 HTYT HTAT RITE/Deputy Commissioner of Customs
HTa. FT (HTHTTTYRTICell (General)
ufrfeicopy to:
HTT HTYA Addl. Commissioner of Customs,
3FHtc ANT (HTAIT), Appellate Authority (General),
rt Hfsa, Tda tAT Ha7, TaTS VFLE, TTg-400 001
3 Floor, New Custom House, Ballard Estate, Mumbai-400001