Validity of Recruitment Rules: DoPT’s clarification pronounced by CBEC in view of Cadre Restructuring

Validity of Recruitment Rules: DoPT’s clarification pronounced by CBEC in view of Cadre Restructuring
In the process of Cadre Restructuring of CBEC the CBEC has issued an order to clear the doubts on filling up the existing vacancy.  Meanwhile as per an news Article published by LiveMint:- “The finance minister also said that the government is taking steps to address manpower issues with a proposal for cadre restructuring of the Central Board of Excise and Customs (CBEC) to be taken up in the Cabinet soon. The government has to fill almost 700 vacancies above the assistant commissioner level in CBEC.”

The text of letter regarding interpretation on DoPT rulings is reproduced below:-

F.No.A-12018/5/2013-Ad.11-B
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise &Customs

New Delhi, the 18th July, 2013

To
The Chief Commissioners (Customs and Central Excise)

Sub: Validity of Recruitment Rules.

Sir,
I am directed to say that during the Annual Conference of Chief Commissioners, [Customs and Central Excise] held. on 17th July, 2013, some of the Chief Commissioners have raised a doubt whether they can make recruitment pending amendment to Recruitment Rules.

2. Department of Personnel and Training vide OM No. AB.14017/79/2006-Estt. (RR) dated 06th September, 2007 has clarified that Recruitment Rules are statutory and they will not cease to operate unless they are repealed or replaced. Hence, there is no bar for making recruitment on the basis of existing Recruitment Rules.

Yours faithfully,
sd/-
(A.K. Qasim)
Deputy Secretary to the Govt. of India

Source: http://www.cbec.gov.in
[http://www.cbec.gov.in/deptt_offcr/circ-deptl/recruitment_amendment.pdf]