• Promotion related matter in PSUs

I am working of BHARAT HEAVY ELECTRICALS.   We  presently have an annual performance system online,  which is transparent.  
A similar system on paper  was  used in the 2001-02.   Promotions and further transfers  are decided on the basis of this.     As per this system  the  appraisee and the appraiser   agree on a rating and sign off.   After this  reviewer  either accepts the assessment or sends it back to reassessment.  In case of re assessment,  the appraisee necessarily must  accept  and sign  as in the case of first assessment.
After this process  (review)  the records are kept confidential.

However  during the  year 2014-15,  I came to understand  that  my  scores  of 104 (Outstanding)  during the year 2001-2002  have been changed to 76 (good)  without  acknowledgement   and  surprisingly  without  the knowledge of the appraiser.   Consequently my career  has  been seriously affected  as subsequent promotions  also take into account  the performance ratings  for the last ten years.


Can this be treated  as  a criminal case??  and  is there a possible redressal??   where do I need to prefer the complaint/case.  I work in Hyderabad.  Corporate office is in Delhi.
Whether  there is any time bar  on  such cases?
Will there be question on how  i came to  know  the  change in my rating as these records are  supposed to be confidential.

Your  help  will be much appreciated.
Asked 1 year ago in Criminal Law from Chennai, Tamil Nadu
Religion: Other
1. If the change in rating can be done at the discretion of the management then nothing could be done. However if the ratings once fixed become beyond the control of any party then it's case of 420 ipc.
2.  FOr this you have to lodge complaint with police for tampering of official data.
3. You can lodge complaint with your current location unless the tampering can only be done from Delhi.
4. Criminal case attains importance only if complaint is lodged at the first possible opportunity. So do the needful at the earliest.
Devajyoti Barman
Advocate, Kolkata
5237 Answers
54 Consultations
4.9 on 5.0
My first question to you  is that how did you come to know about this change in the rating
Where were you working during the time of the said appraisal and whether you still continue to work in the position and same place and also whether the subsequent year appraisal rating was also affected or it remains in tact with its original rating? What about the previous year rating?
If all the other years appraisal rating was above average/good/ excellent in the row but only this particular year rating is glaringly adverse, then the chances of some manipulations to tarnish your career are brighter. This matter has to be taken up with your department head first and to be escalated with the top management through proper channel.
You should make a representation in writing to the top management through your head of the department citing the discrepancies and your concern about this affecting your future career including promotions.
You should exhaust the remedies available locally and then should approach legally to this issue when your grievances remain unredressed. 
You will get justice if the matter is pursued legally.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
1. This is not a criminal case by any stretch of the imagination.

2. The method of reassessment, as laid down in the contract, is sacrosanct and has to be followed. 

3. You can challenge the reassessment in the civil court if it has been carried out in violation of the rules.

4. You can file the case in Hyderabad.

5. The time limit is 3 years.

6. You will be asked to explain in the court as to how you discovered the downgrading of your score when the same remains confidential.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. I personally know about a Bangalore based PSU where personal appraisal was selectively  changed adversely  to settle score on officers who did not toe lines of their bosses,

2. You should file a criminal case against the appraisers who made the said change adversely,

3. Apply for direction about for forensic examination of change in marks,

4. File the complaint where your apprisal has been done,

5. There is no time bar for filing criminal cases,

6. Yes, you will be questioned how did you come to know about it for which you shall have to construct proper  answer like you have been told by your current boss etc.




Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5237 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
439 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0