OCTOBER 15, 2007 

By I J Rao, Former Vice President of CESTAT

WRITERS of poetry dealing with emotions follow the principle that when feelings are fresh they cannot write sensible poems. They should take time to absorb, digest and assimilate the emotions and then express their feelings in a controlled way. This principle applies even more to reflections on one's own life. For, the contemporary reactions to events and happenings are not always balanced or justified.  In other words, objectivity will become the victim of emotions which cannot be avoided because of human frailties.

As I stated sometime ago, I joined the Central Excise department when things were not settled. The training and postings, and even departmental examinations were not governed by prescribed and established procedures. I did suffer because of this. The result was some bad feeling. But looking back, I have, retrospectively, accepted the position as a historic inevitability. There were a few other happenings that caused some dissatisfaction during my service. I propose to place them before the Netizens more for their historical value than anything else. I love the department and I spent a very interesting and educative time in it. Some of my experiences in service, described here, added to my education and taught me philosophy!

When I was promoted from Asst. Collector in 1970, I had spent 15 years in that rank. I was then the A.C. Calcutta Airport and was posted as Additional Collector in Bombay Custom House. Mr Sawhney was the Collector of Customs. He was a very fine gentleman both in his personal and official capacities. He was quite good to me and encouraged me in the new posting to do well. I spent all of six weeks or so in this post when suddenly I was transferred. I was surprised and asked Mr. Sawhney the reason. He was quite frank as was his nature. He told me that pressure was brought on the higher-ups to accommodate another officer. I protested and he was quite honest in reporting my feelings to the Member Customs, Mr Abrol who was the collector of Customs at Calcutta and later moved to the CBEC. In truth, I would not have minded if I was posted out of Bombay; my life was miserable as no accommodation was given to me. My designation, Additional Collector, came in the way of allotment which could be made only to Asst. & Deputy collectors! I got no special pay or any benefit of the designation but was deprived of accommodation! This situation was a repetition of what happened   earlier in Cochin where I was posted as an Asst Collector in a newly created post. There the quarters were only for Superintendents and Collector. There too I fell between two stools and had to hire private accommodation. So, I found history repeating itself. My two years in Bombay saw me living in PG accommodation which was costly and inconvenient.

Coming back to my transfer from the Custom House, my move was from the Custom House to a newly created post (recall Cochin?) of Additional Collector in the Marine Preventive Division. Till then an Asst. Collector headed it. The unit was in a shambles. A Collector, Preventive headed it along with the preventive unit of the Bombay Custom House where he had his office. Within a few days I found that the officers were disgruntled with the situation. The detections and seizures reached the rock-bottom levels from a once-eminent position. The Collector, Mr. M.S.Mehta, as fine a person as one could wish for, had a poor opinion of the Marine Preventive unit. When I was finding my legs in the new post I took some of the veterans in the unit into my confidence. They suffered loss of image, and were hurt by the suspicion under they worked. Besides, the rewards to informers, let alone to the officers, were not paid for a long time thus drying up their sources. They did not seem to trust me. This burdened me, for I wanted to do something to improve the matters. I could not even begin without the active and hearty cooperation of the staff. The work was such. Added to this, there were hundreds of adjudications pending. This in turn led to delay in sanctioning rewards.

About a fortnight after I took charge, the Collector asked me to see him. When I met him he communicated to me his objection for my dealing with correspondence from the Board directly. For want of an alternative, I agreed to thereafter route all correspondence through him. (Later, when I began to send all the files to him, he reversed his decision, without rancor though I was naughty in sending even the most insignificant files to him.) He also asked me to keep a stern watch on the staff that, he said in all sincerity, was not reliable.

This really angered me. I had no place to live; the Collector of Central excise, in whose building my office was housed, wanted that I report to him as my jurisdiction was under him for Central Excise purposes. I was worried because no seizures were taking place (for a long time) and there was no hope of things improving. I blew my top. I told him that if all the officers were to be suspected, there was no point in my being there. Without his help, I couldn't achieve anything. So, I told him that he was being unfair not only to me but to the entire M.P.Division. I asked him to get me transferred and told him that if he would not take the initiative, I would write to the Member, Customs (Mr. Abrol). I almost shouted that my position was untenable in the prevailing circumstances. I told him that even if I am posted as a Deputy Collector, I would not mind as long as the post is not beset with so many constraints and I could peacefully do my work.

I knew that my outburst would cost me dearly but I did not care.

Even after all these years, I remember Mr Mehta's reaction with gratitude. My raised voice attracted a few furtive looks from others but he kept his cool. He thought over the matter for a minute or two and told me, "thanda peelo; thanda hojavo!" He did get me a cool drink. Then he gave me all that I wanted. Independence in my work, non-interference, readiness to help and guide. "Thum jao aur apna kam karo" or words to that effect. I knew that he would keep his word. He was an honourable man and a rare one. I did apologise to him for my outburst and he waved it off. But I felt a relieved man.  

I did not know then, but the details of the meeting leaked out immediately. By next day I smelt a changed atmosphere in my office. Almost all the staff was out. Efforts to renew their contacts began in earnest and within ten days, a respectable seizure was effected. It was past midnight when I got the call. From then on, the seizures began slowly but steadily climbing and the monthly reports began to look attractive.

The rewards committee was reconvened and recommendations were made. The Collector gave approval with minor changes. Very soon, the budget was exhausted. At Mr. Mehta's suggestion, I wrote a Demi Official letter to Mr. Abrol. My request was granted almost immediately. Every day I had to go out to weird places to disburse the big amounts to informers. It was a great pleasure.

After a couple of months, Mr. Abrol, Member Customs visited Bombay. As I stated earlier, I worked under him in Calcutta and he knew me quite well. I too knew him and admired him. He noted the progress achieved. I promptly put in my request for a transfer to south.

He laughed and said it was too early. But he was an accomplished punter at heart; he made an offer. He would consider my request if I could clear the pending adjudications. There were several hundreds of them. After clearing the pendency, I could make a request, he said.

The next eight or ten months were hectic. I had a personal assistant, Mrs. Joy who was from Kerala. She never did so much typing in her life, I think. She really helped. There was an Inspector, promoted from stenographer. I appropriated him as additional help. Mr. Nair, the Inspector, worked very hard. Every day I heard at least three cases. As I lived a bachelor's life, home was no constraint. Early in 1972, the monthly report showed no case pending for more than 3 months. A deputy collector, who was authorized to adjudicate cases involving less than one lakh of rupees, did his best and together we made the position up-to-date.

As I was contemplating renewing my request for a southern posting by speaking to the Member Customs, I was pleased to note that Mr Abrol needed no reminder. I was transferred to Madras Custom House as Additional Collector. Mr. Mehta agreed for my signing off, though no substitute was posted. I soon relinquished and proceeded to my home town, availing of the joining time to spend some time with my wife and children.

When I reached Madras, one more surprise awaited me. Mr. D.N.Mehta, the Collector of Customs informed me, when I called on him before joining, that my posting orders had changed. I was to take charge as Dy. Director of Inspection, Southern Region. The office was then located in Hyderabad. It was to be shifted to Madras. I was really upset. I asked Mr. Mehta if he wanted the change. He said he did not. I was staying in the guest house in the Custom House. I went to my room and drafted a bitter letter to Mr. Jasjit Singh, then Chairman of the Board. It was not a careful, restrained and polite letter. I recall that I used the word "nepotism" in my letter. I expected a nasty one in reply. There was none.

In a few days, I was to leave for United Kingdom under the Colombo Plan. The Asst. Collector then in charge of Southern Regional Unit, Mr Menon assured me that by the time I come back, he would establish the unit in Madras. I came after 10 weeks and everything was in place.  

The work in SRU consisted of inspections and inquiries. Fortunately the members of the staff knew their work well. I put aside my bitterness and looked at the positive side of the work. With all Southern states in my jurisdiction, I enjoyed the work. I admitted my children in schools and found a small house for living. It was very near my office and commuting was easy as in those days there was no terrifying traffic. I used to tour all the four southern states and enjoyed the time.

In 1976 I was posted as the Collector of Central Excise, Guntur. As Dy Director, I had an idea of what was the charge like, but I had no option. Also, at that time I was looking for an alliance for my daughter and a posting in Andhra could help me. I proceeded and took charge. The plethora of anonymous letters was the striking feature which I faced a second time. The first was when I was A.C at Fatehgarh in U.P. The revenue was predominantly from tobacco and the fact was the reason behind the anonymous letters. A smart superintendent (vigilance) caught one of the writers and I called him and advised him to change his ways. I do not recall that this had much effect on the position.

A week before I completed my sixth month as the CCE Guntur, I received a call from Mr. Jasjit Singh the Chairman. He informed me that I was being posted as CCE Madras. This came as a shock as I had just settled down. My younger daughter who was doing her B.Sc in Madras was brought to Guntur after much difficulty; Madras University and Andhra University had to permit the change. Now once again, in a matter of five months, I had to reverse the process. Desperately I pleaded with the Chairman that I had not even unpacked my bags. With ready wit, Mr. Singh said, "That is good. Take them back without much trouble!"   He kindly allowed me to keep additional charge of Guntur to make my shift easy. But finding a house and resettling at Madras was quite a job. My daughter's old college allowed her to informally attend classes pending official transfer from Andhra University.

Before I conclude, I must refer to my posting as Collector of Customs, Calcutta where I worked for nearly two years. On an official tour to Madras, I went, enroute the airport, to see a cardiologist. Mr. Pratap C. Reddy was the doctor. He returned to Madras only that evening. While I was taking some tests, I had a severe seizure which almost put an end to my earthly existence. Dr. Reddy resuscitated me and I lived to tell the tale. After remaining on leave for some time, I sought and got, thanks to the sympathetic attitude of the Chairman of the Board, a posting as Appellate Collector. It was a paid holiday as I had to do next to nothing in the extra post and got the necessary rest for nearly three months. Then I was posted as the regular Appellate Collector. The kind gesture of the Board helped me to regain my health to a large extent. Once I took over the Appellate post, I found that the pendency of appeals was high. These appeals were received from six C.E.Collectorates. I repaid the kindness of the Board by clearing all the pendency within an year. I remember the really hard work done by the office and the four Superintendents. The later did advise me not to jeopardize the posts as low pendency might lead to abolition. But the fears did not come true. I recollect, now with a chuckle, that the up-to-date position did not stop the Addl. Secretary from sending me the fourth carbon  copy of a demi-official letter taking serious note of the high pendency!! That particular officer when he was in Madras pulled me up, in an open meeting, for following the orders of a High Court in deciding some appeals! He said some words the purport of which was that I should not arrogate to myself the views of a High Court.

In 1983 the CEGAT was established. I did not opt for it. But the Secretary got me on the phone and after hearing my protests and giving his views for over 30 minutes, extracted my consent to go to the tribunal. I pleaded for a Madras posting but it was not to be. I soon handed over and proceeded to New Delhi. For me, the biggest help was from the President, Justice Gill who was really kind and guided me into the post. There was also Mr. Gowri Shanker, who taught me the ins and outs of Delhi life and helped me in getting accommodation quickly. My nine-year tenure in Cegat surely deserves to be a topic by itself. Who knows? I may yet write on it!