• 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.
Thanking you.
Yours truly
Rameshchandra Ejner
M:9879800745
Asked 3 years ago in Labour

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7 Answers

I get from your question that you represented before the concerned officer for upgradation of your below bench mark entries, however no upgradation was done and moreover, the decision not to upgrade your below benchmark ACR entries was arrived at without affording you an opportunity of hearing..

Please escalate this issue to the High Court and file a writ under Article 226 of the Constitution. challenge the order by which the decision not to upgrade your ACR entries has been taken and at the same time, seek a writ of mandamus.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

Hello,

Before going to the HC you can file a case before the Service Tribunal (SAT), saying that decision to not upgrade your below benchmark ACR has been taken without hearing you, in utter violation of principles of natural justice.

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

Also, I would advise you to consult a local lawyer, if the present bench in the HC is passing good orders then preset the petition before the HC u/ article 226 of the constitution.

Regards

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

Un-communicated below benchmark entries have to be overlooked and cannot be taken into consideration by the Departmental Promotion Committee or any other body which considers you for promotion.

You can request/represent before concerned officer in your Dept. either to take a pass a reasoned and speaking order, denying your representation seeking up-gradation of your ACR entries. If the needful is not done, file a writ petition in the High Court seeking appropriate reliefs.

Contact an able lawyer practising in the High Court and handling service disputes.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

Dear Friend,

Providing the unjust reasons you have actually & factually a strong case. Asking for a remedy, you are advised to file a representation to AA with all facts & grounds which you have mentioned above, the rejection of which by AA will give you a case & cause to agitate the matter in High Court under A-226 for issuance of Writ of Mandamus against the authority.

Nevertheless you have a justified case and you should file a writ in case your representation is rejected or you can file the writ straight way even without filing any representation.

Hope your satisfaction.

Ahangar Muzamil Ahmad
Advocate, Srinagar
18 Answers

4.8 on 5.0

The points what you have raised are legally valid and may be taken up for re-consideration by the authorities through a representation forwarded through proper channel.

You may wait for the reply from the authority competent to make a decision on this and if the same is not favorable i.e., without considering the valid points raised by you, the next step in this may be through legal channel through CAT.

You may initiate the process and if need be you may prepare the representation with the assistance of an experienced advocate, practicing service law.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

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)

If the provision of law vide the referred GR confirms this position, you may take shelter under that in your representation to be made before the authorities seeking reconsideration of the adverse report in your assessment.

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?

If your services are covered by CAT for getting your grievances redressed, you may approach CAT instead of approaching the high court with a writ petition.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

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