(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) : ashokrkumar83@gmail.com

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: rtignch-mumbai@gov.in

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