Order-No. EXC/5618/2024-XD3 Part (1)-Seniority List of Assistant Commissioners of Excise

click here for IIIF manifest

©

Regn.No. KERBIL/2012/45073 dated 05-09-2012 with RNI Reg No.KL/TV(N)/634/2021-2023 മകരള സർകാർ Government of Kerala 2025

മകരള ഗസറ് KERALA GAZETTE

അസാധാരണം

EXTRAORDINARY

ആധികാരികാേയി ്പസിദറ്റപടുതുനത

PUBLISHED BY AUTHORITY

തിരുവനനപുരം,

2025 ജനുവരി 10 10th January 2025

ചവളി

നർേ

No. 109 വാലം 14 Vol. XIV

1200 ധനു 26

26th Dhanu 1200

Thiruvananthapuram, Friday

1946 ചപൗഷം 20

20th Pousha 1946

PROCEEDINGS OF THE EXCISE COMMISSIONER KERALA, THIRUVANANTHAPURAM (Present: Mahipal Yadav, IPS)

ORDER

9th January, 2025.

No. EXC/5618 (1)/2024-XD3 Part (1).

Sub :—Kerala Excise—Establishment Department—Seniority list of Assistant Commissioners of Excise for the period from 1-1-2023 to 1-6-2024—

Provisional list published—Orders issued.

Read :—1. G. O. (Rt.) No. 425/2024/TD dated 22-5-2024.

2. G. O. (Rt.) No. 608/2024/Taxes dated 10-7-2024.

3. G. O. (Rt.) No. 617/2024/Taxes dated 12-7-2024.

4. Order No. EXC/3318/2024-XD3 dated 26-7-2024 of the Excise Commissioner.

5. G. O. (Rt.) No. 169/2024/Taxes dated 4-12-2024 (K. G. Ex. No. 3886 dated 4-12-2024)

6. Order No. EXC/5618/2024-XD3 dated 13-12-2024 of the Excise Commissioner (K. G. Ex. No. 3987 dated 13-12-2024)

7. G. O. (Rt.) No. 1163/2024/Taxes dated 24-12-2024.

8. Report dated 7-1-2025 submitted by the Committee constituted by the Government as per G. O. (Rt.) No. 425/2024/TD dated 22-5-2024.

The final seniority list of Excise Inspectors for the period from 1-1-2004 to 30-6-2006 was finalized and published as per Order No. XD3-4188/10(1) dated 20-12-2011 of Additional Excise Commissioner (Administration). The finalized seniority list so published has been under dispute in various courts over several years. In conformity with the final Order in OA 1873/2015 dated 10-3-2020 by the Hon'ble Kerala Administrative Tribunal and also with the final judgment in OP(KAT) 182, 183, 185, 186 and 197/2020, Government, as per Order read 1st above, constituted a Committee to recast the seniority list of Excise Inspectors from 1-1-2004 to 30-6-2006. The seniority list of Excise Inspectors for the period from 1-1-2004 to 30-6-2006 has been recast and published as per Order read 4th above. Although the Committee was initially constituted to recast the disputed seniority list of Excise Inspectors for the period from 1-1-2004 to 30-6-2006, the persistent anomalies in this seniority list necessitated the recasting of all subsequent seniority lists of Excise Inspectors up to the present date.

Furthermore, the seniority lists for Circle Inspectors, Assistant Excise Commissioners, Deputy Excise Commissioners, and Joint Excise Commissioners, which were prepared based on selections made in accordance with the seniority assigned in the pre-revised seniority list, also require recasting.

Government, as per Orders read 2nd and 3rd above have authorised the Committee to prepare and submit the draft recast seniority lists of Excise Inspectors, Circle Inspectors, Assistant Excise Commissioners, Deputy Excise Commissioners and Joint Excise Commissioners, in accordance with the changes made in the recast seniority list of Excise Inspectors for the period from 1-1-2004 to 30-6-2006. The Committee has already prepared and submitted the draft recast seniority lists of Excise Inspectors covering the periods from 1-1-2004 to 30-6-2006, 1-7-2006 to 30-4-2019, and that of Circle Inspectors/Managers/ Superintendents of Excise for the period from 1-1-2009 to 1-6-2019. The Committee also prepared and submitted the draft seniority list of Assistant Commissioner of Excise for theThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

period from 1-4-2021 to 1-6-2024, with a recommendation to publish provisional seniority list up to the specific period for which notional/regular promotions are granted.

These lists have been finalized and published in accordance with the respective Orders of the Excise Commissioner:—

1. Excise Inspectors (Recast Seniority List for the period from 1-1-2004 to 30-6-2006)-Finalized as per Order No. EXC/3318/2024-XD3 dated 26-7-2024 (published in Kerala Gazette Extraordinary No. 2534 dated 5-8-2024) based on the Committee's report dated 15-6-2024.

2. Circle Inspectors/Managers/Superintendents of Excise (Recast Seniority List for the period from 1-1-2009 to 1-6-2019)-Finalized as per Order No. EXC/3318/2024-XD3 dated 26-10-2024 (published in Kerala Gazette Extraordinary No. 3490 dated 1-11-2024) based on the Committee's reports dated 17-8-2024 and 16-10-2024.

3. Excise Inspectors (Recast Seniority List for the period from 1-7-2006 to 30-4-2019)-Finalized as per Order No. EXC/3318/2024-XD3 dated 13-11-2024 (published in Kerala Gazette Extraordinary No. 3667 dated 16-11-2024) based on the Committee's report dated 29-10-2024.

4. Assistant Commissioners of Excise (Seniority List for the period from 1-4-2021 to 31-12-2022)-Finalized as per Order No. EXC/5618/2024-XD3 dated 13-12-2024 (published in Kerala Gazette Extraordinary No. 3987 dated 13-12-2024) based on the Committee's report dated 4-12-2024.

The seniority lists for Circle Inspectors/Managers/Superintendents of Excise for the periods from 1-1-2009 to 31-12-2017 and 1-1-2018 to 30-9-2021 were finalized and published under Order No. EXC/3/2018-XD3 dated 24-1-2019 and EXC/4033/2021-XD3 dated 23-7-2022 by the Excise Commissioner, respectively. The Departmental Promotion Committee (Higher) meeting for preparing the select list of Circle Inspectors/Managers/Superintendents of Excise for promotion to the cadre of the Assistant Commissioner of Excise for the year 2021 was held on 18-1-2021, and the select list was published as per G. O. (Ms.) No. 4/2021/Taxes dated 28-1-2021 (published in Kerala Gazette Extraordinary No. 356 dated 28-1-2021). Ad hoc DPC (H) meeting convened on 26-7-2021 and 24-1-2022 revised the select list for the year 2021, and published as per G. O. (P) No. 58/2021/TD dated 11-8-2021 (published in KeralaThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Gazette Extraordinary No. 2379 dated 11-8-2021) and as per G. O. (Ms.) No. 10/2022/TD dated 27-1-2022 (published in Kerala Gazette Extraordinary No. 332 dated 28-1-2022), respectively.

The following individuals were granted regular promotions to the cadre of Assistant Commissioners of Excise, as per the Orders mentioned against their names, having been included in the aforesaid Select List of Circle Inspectors/Managers/Superintendents of Excise for promotion to the cadre of Assistant Commissioner of Excise for the year 2021.

TABLE-I

List of Regular Promoted Assistant Commissioners of Excise (pre-revised)

The following individuals were granted temporary promotions to the cadre of Assistant Commissioner of Excise, as per the respective orders listed against their names, prior to the revision of the feeder category seniority list and in the absence of a select list for promotion to the cadre of Assistant Commissioner of Excise for the relevant period.

TABLE-II

List of Circle Inspectors/Managers/Superintendents of Excise who were temporarily

Following the revision of the feeder category seniority list for Excise Inspectors for the period 1-1-2004 to 30-6-2006, it became inevitable to revise the seniority lists for CircleThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Inspectors and the higher cadres of Assistant Excise Commissioner, Deputy Excise Commissioner, and Joint Excise Commissioner. As a result, the Government, in G. O. (Rt.) No. 810/224/Taxes dated 6-9-2024, has annulled the previously published seniority lists of Circle Inspectors for the periods from 1-1-2009 to 31-12-2017 and 1-1-2018 to 30-9-2021, pending their recasting.

The seniority of individuals up to Sri George, T. P. (Sl. No. 201) in the seniority list of Excise Inspectors for the period 1-6-2001 to 31-12-2003 will remain unchanged in the cadre of Circle Inspector and Assistant Commissioner of Excise. Sri George, T. P. has been assigned seniority as Circle Inspector of Excise on 1-4-2011 as Sl. No. 37, and as such, the seniorities of all officers from Sl. No. 1 to Sl. No. 37 in the Circle Inspectors seniority list for the period 1-1-2009 to 31-12-2017, finalized under Order No. EXC/3/2018-XD3 dated 24-1-2019, are to be retained without revision. Thus, a revised seniority list of Excise Circle Inspectors/ Managers/Superintendents for the period from 1-1-2009 to 1-6-2019 has been finalised under Order No. EXC/3318/2024-XD3 dated 26-10-2024 of the Excise Commissioner, published in the Kerala Gazette Extraordinary No. 3490 dated 1-11-2024. In this revised list, the seniorities of Circle Inspectors from 1-1-2012 to 1-6-2019 were updated based on their revised position in the feeder category seniority list. The Circle Inspectors whose seniorities have been revised are eligible for promotions to the cadre of Assistant Commissioner of Excise in the vacancies arising between 2021 and 2025. These officers should therefore be included in the select lists for the years 2021, 2022, 2023, 2024 and 2025. The Departmental Promotion Committee held on 28-11-2024 revised the select list of Circle Inspectors/Managers/Superintendents of Excise for promotion to the cadre of the Assistant Commissioner of Excise for the year 2021, and prepared the select lists for the years 2022, 2023 and 2024. The same has approved by the Government vide G. O. (P) No. 169/2024/Taxes dated 4-12-2024, and published in K. G. Ex. No. 3886 dated 4-12-2024.

The following officers, included in Table-3, were promoted temporarily to the cadre of Assistant Commissioner of Excise under Rule 31(a)(i) of Part II of Kerala State and Subordinate Service Rules, 1958. But they were not selected for promotion to the cadre of Assistant Commissioner of Excise by the Departmental Promotion Committee (Higher) meeting held on 28-11-2024, and hence are not included in the aforesaid select lists of Circle Inspectors for promotion to the cadre of Assistant Commissioner of Excise.

TABLE-III

List of Circle Inspectors who have been temporarily promoted to the cadre of Assistant

Commissioner of Excise, but not selected by DPC(H) for promotion

The seniority list of Assistant Commissioners of Excise for the period from 1-9-2019 to 31-3-2021 was finalised and published as per Order No. EXC-1609/2021-XD3 dated 4-9-2021 of Excise Commissioner (Published in K. G. No. 44 dated 9-11-2021). Since the last person included in this seniority list, Sri Harikumar, P. K., who is the immediate senior eligible for promotion to the cadre of Assistant Commissioner of Excise ahead of Sri George, T. P., does not figure in the list of Excise Inspectors whose seniorities were recast, this seniority list of Assistant Commissioners of Excise up to 31-3-2021 did not require any recast.

On verifying the occurrence of vacancies in the cadre of Assistant Commissioners of Excise from 1-4-2021 and also taking in account of the select list prepared by DPC(H) dated 28-11-2024, it had been identified that the last person included in the select list for 2024 will get assignment in the cadre of Assistant Commissioner of Excise on 1-6-2024. The Committee prepared and submitted the draft provisional seniority list of Assistant Commissioners of Excise for the period from 1-4-2021 to 1-6-2024, vide its report dated 4-12-2024, with a recommendation to publish seniority list up to the specific period for which notional/regular promotions were granted.

Subsequently, as per G. O. (Rt.) No. 1086/2024/Taxes dated 6-12-2024, notional promotions have been given to the following regularly/temporarily promoted Assistant Commissioners of Excise, who are included in the revised select list of Circle Inspectors/ Managers/Superintendents of Excise for the year 2021 and in the select list for the year 2022 (except to those included in the already finalised seniority list of Assistant Commissioners of Excise upto 31-3-2021, seniority of whom have not been revised), to the cadre of Assistant Commissioner of Excise.

TABLE-IV

List of Notionally Promoted Assistant Commissioners of Excise who are included in the

Revised Select List for the year 2021 and in the Select List for the year 2022

Although, the Committee had earlier prepared and submitted the draft seniority list of Assistant Commissioners of Excise for the period from 1-4-2021 to 1-6-2024, as outlined in the report dated 4-12-2024, it was recommended that the seniority list be published only for the period corresponding to the notional/regular promotions granted. Consequently, in alignment with the period for which notional promotion was granted, the seniority list of Assistant Commissioners of Excise for the period from 1-4-2021 to 31-12-2022, has been finalised as per order read 6th above, in accordance with the select lists, Committee report dated 4-12-2024 and the aforementioned notional promotion order.

Now, as per order read 7th above, notional promotions were granted to the cadre of Assistant Commissioners of Excise in the vacancies that arose between 1-1-2023 and 1-6-2024.

The last person included in the select list for the year 2024 will get assignment in the cadre of Assistant Commissioner of Excise on 1-6-2024. A deputation post of Joint Commissioner of Excise as Technical Officer in the Kerala Toddy Industry Development Board, has been created as per G. O. (Ms.) No. 74/2024/Taxes dated 16-11-2024. Appointment of a Joint Commissioner of Excise to the above deputation post has been made as per G. O. (Rt.) No. 1159/2024/Taxes dated 24-12-2024. However, due to the insufficient number of officers in the select list of Circle Inspectors for the year 2024, no promotion could be made to fill the vacancy in the cadre of Assistant Commissioner of Excise that arose from the creation of the Joint Commissioner ofThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Excise post. In light of these developments, the Committee has submitted its report read 8th above, in continuation to the earlier report dated 4-12-2024, along with the draft provisional seniority list of Assistant Commissioners of Excise for the period from 1-1-2023 to 1-6-2024, which has been duly prepared and updated accordingly. The cadre strength of Assistant Commissioners of Excise as on 31-12-2022 is 34, with no changes in this cadre strength since that date. The following is the list of the Assistant Commissioners of Excise who were in service as on 31-12-2022, based on the seniority lists, as well as the relevant promotion orders and select lists.

TABLE-V

List of Assistant Commissioners of Excise in service as on 31-12-2022

* Select List for the year 2020 [DPC(H) dated 18-6-2020].

Sri M. M. Nazar, Deputy Commissioner of Excise, was placed under suspension as per G. O. (Rt.) No. 412/2022/Taxes dated 24-5-2022. He was reinstated into service as per G. O. (Rt.) No. 237/2023/Taxes dated 31-3-2023. During his suspension, an Assistant Commissioner of Excise was promoted to the post of Deputy Commissioner of Excise to fill the resultant vacancy. This officer was subsequently included in the seniority list of Deputy Commissioners of Excise for the period from 1-7-2021 to 31-8-2022, as per Order No. EXC/2667/2022-XD3 dated 2-12-2022, published in Kerala Gazette No. 4 dated 24-1-2023. This seniority list was not revised, as the officers included in this list were drawn from the seniority list of Excise Inspectors prior to 1-1-2004. Since the officer promoted to fill the vacancy created by Sri. Nazar's suspension was assigned seniority from the date of promotion, to maintain the cadre strength, one vacancy in the Deputy Commissioner of Excise cadre corresponding to the date of Sri Nazar's reinstatement has been left unassigned. To prevent this anomaly from creeping into the seniority list of Assistant Commissioners of Excise, the vacancy arising from Sri M. M. Nazar's suspension was not considered for assignment in the cadre of Assistant Commissioner of Excise. As a result, there has been aThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

shortfall of one officer in the Assistant Commissioner of Excise cadre until the date of his reinstatement, i.e., until 31-3-2023.

As per order read 7th above, the following officers listed in Table-6 below, who are included in the select lists of Circle Inspectors/Managers/Superintendents of Excise for the years 2023 and 2024, have been notionally promoted to the cadre of Assistant Commissioners of Excise against the occurrence of vacancies up to 1-6-2024.

TABLE-VI

List of Notionally Promoted Assistant Commissioners of Excise who are included in the

Select Lists for the years 2023 and 2024

Sri Sreenivasan, T. M. (PEN 206965) is eligible for notional promotion to the cadre of Assistant Commissioner of Excise on 1-6-2023. However, since he has only been provisionally selected by the Departmental Promotion Committee (H) dated 28-11-2024, as per note (i) under Rule 28(b)(i)(7) of KS & SSR's, his promotion to the cadre of Assistant Commissioner of Excise is kept as provisional until his selection is formally regularized by the Departmental Promotion Committee (Higher) to be held in this regard. Hence he cannot be included in the seniority list of Assistant Commissioners of Excise unless his selection is formally regularized by the Departmental Promotion Committee and therefore one vacancy that arose on 1-6-2023 has been kept unassigned. He may be included in the seniority list of Assistant Commissioners of Excise in the vacancy kept unassigned only if his selection is formally regularized.

Sri Naushad, I., who is listed as Sl. No. 90 in the recast final seniority list of Circle Inspectors/Managers/Superintendents of Excise for the period from 1-1-2009 to 1-6-2019, published in Order EXC/3318/2024-XD3 dated 26-10-2024 by the Excise Commissioner, retired from service on superannuation on 31-5-2023 while still holding the position of Circle Inspector. In the Ad hoc Departmental Promotion Committee (Higher) meeting held on 28-11-2024, he was selected for promotion to the cadre of Assistant Commissioner of Excise before his date of superannuation and was placed as Sl. No. 3 in the select list for the year 2023.

Consequently, he has been notionally promoted to the cadre of Assistant Commissioner of Excise with effect from 1-4-2023.

Sri Prem Krishna, K. (PEN 206958), Joint Commissioner of Excise, has been granted Leave Preparatory to Retirement (LPR) for 162 days, effective from 22-12-2023, as per G. O. (Rt.) No. 893/2023/Taxes dated 20-12-2023. Similarly, Sri Suresh Varghese (PEN 207730), Deputy Commissioner of Excise, has been sanctioned LPR for 89 days, effective from 4-3-2024, as per G. O. (Rt.) No. 208/2024/Taxes dated 5-3-2024. However, asThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

per G. O. (P) No. 57/2023/Fin dated 13-6-2023, it has been clarified that vacancies arising due to LPR for a duration of up to three months should not be filled through promotions.

Consequently, only the LPR vacancy pertaining to Sri Prem Krishna, K. can be considered for promotion. As for Sri. Suresh Varghese, only his superannuation date, i.e., 31-5-2024, can be considered for filling the vacancy. The cadre strength of Assistant Commissioners of Excise as on 1-6-2024 remains 34. Since vigilance tribunal enquiry and MoC for major punishment is pending against Sri Rakesh, M. (PEN 206747), a temporarily promoted Deputy Commissioner of Excise, he has been superseded by the DPC (H) met on 19-12-2024. Consequently, he has been reverted to the post of Assistant Commissioner of Excise, as per G. O. (Rt.) No. 1162/2024/Taxes dated 24-12-2024. Hence he is also included in the list of Assistant Commissioners of Excise in service as on 1-6-2024. The list of Assistant Commissioners of Excise as on 1-6-2024, as per the provisional seniority list will be as follows.

TABLE-VII

List of Assistant Commissioners of Excise who were in service as on 1-6-2024

The Committee has prepared and submitted a draft provisional seniority list of Assistant Commissioners of Excise for the period from 1-1-2023 to 1-6-2024. The dates of occurrence of vacancies within the cadre have been identified, and the assignment date for each individual in the cadre has been determined, taking into account the aforementioned factors, including the relevant select lists and notional promotion orders. These details have been duly reflected in the draft seniority list prepared by the Committee.

The draft seniority list as prepared by the Committee and report of the Committee, revised select list, notional promotion order and feeder category seniority list were examined in detail along with other relevant records. The draft recast seniority list of Assistant Commissioners of Excise for the period from 1-1-2023 to 1-6-2024, which was prepared, recommended and submitted by the Committee, is found to be in congruence with the cadre strength ratio, previous seniority lists, recast feeder category seniority list, revised select lists, notional promotion order and also Government Orders passed in this regard and hence is hereby accepted.

In the above circumstances, the Provisional Seniority List of Assistant Commissioners of Excise for the period 1-1-2023 to 1-6-2024 is herewith published. Objections if any, regarding the above seniority list should be submitted to the HOD along with valid documents through proper way peremptorily 7 days from the date of this order. The objections received after 7 days from the date of this order will not be accepted.

MAHIPAL YADAV, IPS, Excise Commissioner. To:

The Incumbents

Copy to:

1. The Additional Chief Secretary, Taxes (Excise) Department (with C/L)

2. The Additional Excise Commissioner (Enforcement)

3. The Vigilance Officer, Excise

4. The Joint Excise Commissioners (All)

5. The Deputy Excise Commissioners (All)

6. The Assistant Excise Commissioners (All)

7. The lT Cell, Excise (for publishing in the official website)

8. The Order file/Stock fileThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Provisional Seniority List of Assistant Commissioners of Excise for the period from 1-1-2023 to 1-6-2024

Excise Commissioner.

____________________________________________________________________________________________________________________________

PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2025This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/