Averse remark in acr
surjit singh
(Querist) 24 December 2013
This query is : Resolved
The facts are, there are ARC for five year for consideration in the DPC. In consecutive term I am mentioning the ranking of the ACR, Ist year - Outstanding, 2nd year- Outstanding, 3rd year Good, 4th year- Good and 5th year -Outstanding. The DPC refuse me promotion on the ground that I got Good in those two years. The ranking Good in those two years was not communicated to me.
My query is whether the ranking 'good' after 'outstanding' amounts to adverse remark, which ought to have been communicated to me. Since the DPC did not considered my case for promotion, can I submit my representation citing this point of non communicating of adverse remark.
Rajendra K Goyal
(Expert) 24 December 2013
Remark Good is not considered adverse in most of the departments. If it was adverse in your department it would have been advised to you.
Probably others have earned better ACR and were considered for promotion.
surjit singh
(Querist) 24 December 2013
My point is when I got outstanding remark for two years and in the subsequent year I get good remark does not it mean adverse in comparision of the remark I go in the previous two years
Guest
(Expert) 24 December 2013
You need to check what benchmark was fixed by the admn. for promotion to the higher cadre after introduction of the system of APAR. You can however call for your ACRs with "good" ratings and represent for their upgradation on merits of each year's performance and after review results of APARs, if upgraded, apply for review DPC.
Raj Kumar Makkad
(Expert) 24 December 2013
You got outstanding remarks followed by good remark do not result the bad remark at all. Comparison with the past is just for your outlook and performance rather you are not going to suffer aversly on that ground.
Sudhir Kumar, Advocate
(Expert) 25 December 2013
you have not intimated what was the benchmark of the post for which you seek promotion
In case bench mark was very good and you got good then it was required to be communicated.
You are also not clear
(i) whether this is ACR/APAR
(i) when were these written.
T. Kalaiselvan, Advocate
(Expert) 25 December 2013
Experts rightly expressed their opinion on the issue.The annual confidential reports are prepared confidentially of course in case of any adverse findings on the performance of the particular employee which was reflected in the ACR, will be intimated to the concerned employee there by giving him a chance to correct himself and to perform better in the future. About the yard sticks to be considered for next promotion, if this GOOD was affecting the situation, it could have been communicated at least in the next year, in your case exhaust the remedies for the purpose within the office administration level and can approach the external grievance redressing cell for further issues.
Sudhir Kumar, Advocate
(Expert) 25 December 2013
I am not able to agree or disagree with Mr Kalaiselvan.
I do not know if there is any remedy left.
In case it was APAR and was signed by you then your remedy comes to an end after 15 days of such signature.
surjit singh
(Querist) 26 December 2013
the matter belongs to the year 1990-1991 and 1991 to 1992, in which i got good ranking, now as per a decision of the high court the DPC held in 1992 and 1996 is reviewed and they have not considered my case saying that by a notification of 1989 of DoPT the bench mark was very good for next promotion.
the ranking was never informed to me.
P. Venu
(Expert) 26 December 2013
The principle that every entry in ACR must be communicated to the Government servant has been settled by a Larger Bench of the Apex Court by its decision dated 23rd April 2013.
However, has not matter become stale?
Sudhir Kumar, Advocate
(Expert) 26 December 2013
As per DOP OM in 2010, every ACR having (-)ve impact on the promotion, needs to be communicated.
Sudhir Kumar, Advocate
(Expert) 26 December 2013
So your ACR is below bench mark. Is it true?
The ACR has not been communicated to you. Is it true?
In the original DPC you got promoted on the basis of these reports. Is it true?
Now the DPC is being reviewed. Is it true?
Now in the revised DPC you are not getting promoted . Is it true?
I can comment further only when all these points are cleared.
surjit singh
(Querist) 27 December 2013
1. Yes my ACR was below mark, in 1990-91, considering the bench mark for next promotion.
2. Yes, the ranking was not communicated to me.
3. No, in the original DPC I did not got promotion, because I was shown junior in the seniority list, for which I approached the authority with representation and then the CAT and after that High Court. The High Court directed to give my seniority where it should have been.
4. Yes, Now the DPC has be reviewed after the outcome of the judgement of the high court.
5. YES, In the original DPC since I was shown junior in the seniority list so I was not considered, but in the present review DPC held in october 2013 they have taken the reason that as per one DoPT notification of 1989 the bench mark is very good for next promotion and since I got only Good I am not considered.
MY SIMPLE QUESTION IS
1. SINCE I GOT OUTSTANDING IN PREVIOUS TWO YEAR AND GETING GOOD IN SUBSEQUENT TWO YEARS AMOUNTS TO ADVERSE MARKING AS PER THAT DOPT NOTIFICATION OF 1989, WHICH OUGHT TO HAVE BEEN COMMUNICATED TO ME. IT BE NOTED THAT AFTER THAT TWO YEAR GOOD RANKING AGAIN I GOT OUTSTANDING RANK IN 1993.
2. SINCE AS PER A NOTIFICATION OF 2010 EVERY (-) RANKING IS TO BE COMMUINICATED THEN WHAT WILL HAPPEN TO THE RANKING MADE IN 1992, WHEN THERE IS A NOTIFICATION OF 1989 SAYING BENCHMARK FOR CONSIDERATION OF NEXT PROMOTION.
Sudhir Kumar, Advocate
(Expert) 27 December 2013
you have got a good case to plead that uncommunicated below bench mark ACR to be ignore.
I am please refer DOPT OM NO 21011/1/010-Estt.A 13 April, 2010, dated 27 April 2010 and dated 6th January, 2010
Sudhir Kumar, Advocate
(Expert) 27 December 2013
please also see
The procedure for dealing with the adverse entries in the CRs by the DPC, as provided for in the DOP&T OM No.22011/3/88-Estt.(D) dated 11.5.1990 is as under:-
Where the DPC find that the adverse remarks in the CR of an officer have not been communicated to him but the adverse remarks are of sufficient gravity to influence their assessment of the officer concerned, then the Committee shall defer consideration of the case of the officer, provided these remarks have been recorded in any of the CRs pertaining to three immediately preceding years prior to the year in which the DPC is held and direct the Cadre Controlling authority concerned to communicate the adverse remarks to the officer concerned so that he may have an opportunity to make a representation against the same.
Where the un-communicated adverse remarks pertain to a period earlier than the above or where the remarks are not considered of sufficient gravity to influence the assessment of the officer concerned, the DPC may proceed with consideration of the case but may ignore the remarks while making the assessment;
(Source : http://www.upsc.gov.in/appointment/dpc/intro.htm#imp_instr)
Sudhir Kumar, Advocate
(Expert) 27 December 2013
please also see
The Commission, in exercise of their constitutional functions as envisaged in Article 320 of the Constitution took a conscious decision that an officer attaining at least four bench mark gradings out of 5 ACRs, as prescribed by the Govt. of India in Department of Personnel and Training OM No.22011/9/98-Estt.(D) dated 8.9.1998, read with subsequent OM of even number dated 16.6.2000, should be assessed as fit for promotion and this decision is applicable to all DPCs pertaining to the vacancy year 2003-04 and subsequent years.
(Source : http://www.upsc.gov.in/appointment/dpc/intro.htm#penalties%20by%20dpc )
Sudhir Kumar, Advocate
(Expert) 27 December 2013
please also download Supreme Court judgement in CIVIL APPEAL NO. 7631 OF 2002 Dev Dutt v/s Union of India
surjit singh
(Querist) 27 December 2013
I am very thankful for your efforts in allowing to have your opinion.
One thing is left to be opined is whether in my case the judgement of CS passed in Civil Appeal of 2002 will have a bearing as my case of promotion relates to review of DPC held in 1992.
Sudhir Kumar, Advocate
(Expert) 28 December 2013
please read the judgement and then discuss.
Please read the aforesaid DOPT OM dated 13 April, 2010 based on this judgement and then discuss. It is available on DOPT website.
