Adverse remarks in my Annual Confidential Report year: 2011-12,.
I have been working in "Narmada Water Resources & Kalpsar Dept. Government of Gujarat since 1990 as Engineer (Civil). I have all the ACRs having over all assessment "Very Good" throughout till now without any adverse remarks barring the year 2011-2012 (I.e.1-5-2011 to 31-3-2012), which has certain adverse remarks taken by reporting officer having overall assessment "Good". Regarding this I had been intimated on dated 14-12-2012, consecutively I sent my clarifications for modifications/ expunctions of the said adverse remarks on 20-12-2012, which was routed to the "Accepting Authority" on dated 5-1-2013, whereas the decision regarding continuation of adverse remarks was taken by Accepting Authority in dated 31-12-2012 ex-parte without consideration of my clarifications. Moreover this the decision has not been routed to me till date. On account of this (lack of natural justice) my promotion is getting hampered for no fault of mine. The legal issues I have observed in this episode are cited hereunder for your ready reference.
(1) Adverse remarks we're overwritten (replacement from favourable to unfavourable points striking out the original version which is still legible)
(2) Adverse remarks we're raised citing correspondence of july' 2012, whereas the ACR period is from 1-5-2011 to 31-3-2012. Thus the quoted reason is out of the legal purview of the said ACR.
(3) Reporting officer was signatury to some of the proposals, still he remarked that I never did submit any of the proposals. It proves that the Reporting officer blindly signed the proposal, but never interlooked in it.
(4)My clarifications never been routed to the decision making Authority (AA).
(5)Ex-parte decision was taken against me. Thus violated the principle of natural justice.
(6)My clarification was routed to AA only after order of decision has been issued.
(7)Copy of the decision of AA had not been routed to me (did not intimate me regarding the decision)
(8) Thus it proves that everything in this case was biased & prejudicial.
(9)GAD GR No.1189, 31-3-1989, para11 speaks that if Accepting Authority decides the case to cancel the adverse remarks then the decision need not be intimated to the concerned (whose ACR has been spoiled with adverse remarks) employee. Thus the same has not been intimated to me (that is on record), hence legally my adverse remarks should be cancelled forthwith & it should not hamper my promotional opportunity which is due in very near future.
Kindly suggest me some legal remedies there of in this case.
Asked 3 years ago in Labour
Can't t there be any reprive based on GAD GR dated 31-3-1989 regarding non communication of the decision as depicted in para11 ( if AA is disagreed with the AR then no need to communicate the same to the concerned employee)
Which departmental authority should I access to get the matter redressed & how apart from legal proceedings.
Suggest me departmental procedure first & if not redressed then methodology of legal proceedings there of like which writ petition should I file in HC under article 226 of the constitution?
Asked 3 years ago