What is TRUE Recognition?

 Let us go into the basic concept of Recognition for an Association.

          

Right to Association is a Fundamental Right.  It need not be granted by anyone else.

          

But Administration has been provided by a mechanism to identify the real representative of a cadre, by virtue of the Recognition of Association Rules, 1993 (RSA Rules). 

          

These Rules have been promulgated to ensure that the actual representative of a cadre alone is heard by the Administration and not a person or group of persons, as per the Administration’s choice, in an arbitrary manner.

        

Now, the onus to decide on the representative actually shifts to the members.  It is for them to decide who their actual representative is.

          

Thus, real recognition of an Association or a group of Office bearers lies in the hands of the members, whom they are to represent.

          

If without establishing, this fundamental requirement or rather the fundamental right to represent, if some person or group of persons get the audience of the authorities, it would mean that they are doing it by deceit or default.

         

If authorities entertain such people without ascertaining their actual credibility in respect of recognition by the members whom they claim to represent, it would mean that either the administration is being complacent or feels comfortable with them, which is not permissible in law.  It would put the administration in bad light.

         

The RSA Rules, provide for the right of the members of a cadre to form more than an Association also.  From the point of view of unity of a Cadre, this was not acceptable to the Organisations.  But when Associations tend to misrepresent or do not conduct their own house as per democratic principles, it was felt that the members of a Cadre should not be denied their fundamental right to get represented properly.

         

In the light of the above, it will become amply clear that Shri. Ravi Malik cannot be held to be the representative of the cadre of Superintendents of Central Excise, because he has left the cadre by virtue of his promotion as AC and had also failed to establish his support within the cadre, even when he remained a Superintendent.

         

It appears that even yesterday (6.4.17) he has attended a meeting with the Chairperson of CBEC and represented on behalf of the Superintendents of Central Excise.  The President of the Association appears to have not even been informed.  By all probabilities, Shri. Ravi would have taken someone else in the name of President. 

It is common knowledge that right from the days of the Presidentship of Shri. Loknath Mishra, Shri. C.S.Sharma, the Office Secretary to the SG has been posing as President, by claiming to be the President of AIACEGEO, New Delhi, indirectly giving an impression of being the President of the AIA, but adding New Delhi only to give an official reply that he meant Delhi Unit, if questioned.

          

The fact of the matter is that there is no Delhi Unit.  Even if it is there, he should be mentioning Delhi Unit, instead of Delhi alone.  Further, if it was only as office bearer of Delhi Unit, his name should come only subsequent to the Secretary General and not before that as per organisational protocol.  So, such lame excuses do not sell.

          

And it has been continuing since then.

          

Now, it is for the members and units to decide as to whether they will decide who their representative is or whether the administration will be allowed to chose as per their convenience or based on some empty claims from some individuals or groups of individuals.

 Any sane and self-respecting person would find the situation revolting.