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F.No. C-11016/6/2010 -Ad.V
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
(Ad. V Section)
Room No. 615, Hudco Vishala Bldlg,
Bhikaji Cama Place, R.K. Puram,
Date 31st March, 2010
The All Director Generals.
The All Chief Commissioners of Customs.
The All Chief Commissioners of Central Excise.
Sub: Procedure for appeal - reg.
In terms of the extant orders, an Appeal in respect of Gr. B officers u/r 23 of CCS(CCA) Rules, 1965 against an order of the Appointing Authority , including when such order is passed by him as disciplinary authority , lies to the President and in terms of allocation of work among the Ministers in the Ministry of Finance, such appeal is to be disposed by the Minister of State for Finance ( Revenue) .
2 Procedure for submission of Appeal is described in Rule 25 and 26 thereof. The Rules provide as below :
(a) the Appeal shall be presented within 45 days of the receipt of the Order being appealed against and shall be presented to the authority to whom the appeal lies , with a copy being forwarded to the authority which made the order appealed against
(b) The appeal should contain all material statements and arguments and should be self contained
(c ) Where the Appeal is submitted belatedly, it can be considered by the Appellate Authority if he is satisfied that the appellant had sufficient cause for which the appeal should give full justification with proper supporting evidence for delayed submission.
(d) The authority which made the order appealed against shall, on receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records to the Appellate Authority without any avoidable delay, and without waiting for any direction from the Appellate Authority.
3 In a number of cases, it has been noticed that the Appellants are addressing the Appeal to the President of India and are sending the same to the President's Secretariat and not to MOSF (R), who is exercising the powers of the President under the provisions of the Transaction Business Rules, 1961 read with the orders of the Government. Further, it is also noted that in many cases, copies of the Appeal are also not being forwarded to the authority who issued the order appealed against and the field office has to be addressed by the Board on receipt of Appeal for comments and records. Consequently, the receipt of the Appeal as well as processing of the same gets delayed.
4 To avoid delay in processing of the Appeal for aforesaid reasons, it is incumbent that the Appellant addresses the Appeal directly to the MOSF (R) and sends the same at his official address with a copy being forwarded by him invariably to the concerned authority who passed the order appealed against within the stipulated time . It is, therefore, advised that the correct procedure for submission of the Appeal as per Rules and as explained above is communicated in the Order-in-Original itself. Further, on receipt of the copy of Appeal, the authority which passed the order appealed against should forward/arrange to forward the Appeal,along with the following to the Chief Vigilance Officer within one month of the receipt of the copy of the Appeal :
(a) A self contained brief of the case along with point wise reply to each point of submissions made in the Appeal
(b) Relevant case records (in original or authenticated copies thereof) arranged-file/folder wise and properly marked along with translation in English of the documents in vernacular, if any.
(c) UPSC proforma, duly filled in, with related documents properly referenced.
( d) ACR folder of the officer
Deputy Secretary to the Govt. of India