• Can employee belonging to SC/ST category file a FIR under 4 (za)(E) of Atrocity Act?

In terms of Supreme Court Judgement (Civil Appeal No. 7631 of 2001) - Dev Dutt Vs Union of India & ors, para 14 and 19, I have been denied by my employer from sharing of all entries of my Annual Performance Appraisal Report (APAR) for 2013-14, 2014-15 and 2015-16. Can I file FIR?
Asked 7 years ago in Labour

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8 Answers

Sc has held that every entry (and not merely a poor or adverse entry) relating to an employee under the State or an instrumentality of the State, whether in civil, judicial, police or other service (except the military) must be communicated to him, within a reasonable period, and it makes no difference whether there is a bench mark or not.

2) in Para 19 it held In our opinion, every entry in the A.C.R. of a public servant must be communicated to him within a reasonable period, whether it is a poor, fair, average, good or very good entry.

3) if you are not communicated your ACr you make representation to department . draw attention to SC judgment

4) file application before CAT

5)no FIR is maintainable

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

you can make representation for ACR report

2) no FIR would be filed by the police

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

Police will not lodge an FIR for this as there seems to be no criminal intent from the fact as presented by you.

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

However if the ACR has not been communicated to you, make a representation to the department by drawing judgments towards the HC judgment and consequently file an application before the court.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

No you cannot lodge a FIR, however, you can approach the High Court and seek a direction relevant direction against your department for communication of entry in the ACR.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

In terms of Supreme Court Judgement (Civil Appeal No. 7631 of 2001) - Dev Dutt Vs Union of India & ors, para 14 and 19, I have been denied by my employer from sharing of all entries of my Annual Performance Appraisal Report (APAR) for 2013-14, 2014-15 and 2015-16. Can I file FIR?

You cannot file any criminal complaint before the police in this regard, however if you are denied the sharing of the APAR, you may make represent before the higher authorities against the decision of the employer.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

what will be consequences?

No criminal complaint is maintainable but if you want to initiate proper legal action you may approach the appellate authority or the higher police.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

FIR not maintainable. Complain to senior management to provide APAR.

Seek APAR through RTI,/ file writ of mandamus in high court

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

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