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.

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.

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

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.

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.

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.

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.