Average grading in acr
brijesh sharma
(Querist) 03 April 2013
This query is : Resolved
Respected Sir, The ACRs of contineous years from 2002 to 2008/09 of my closed friend is downgraded as "Average".While no any memo regarding his capebilities, integrity,honesty is not issued by the department.He is working in an autonomous body of central Govt.Please tell, what action he should taken ? If any circulars/ O.Ms of Govt. of India regarding this type of harassing is available please provide it. With regards
Sudhir Kumar, Advocate
(Expert) 03 April 2013
when the report is communicated?
He has to represent within a month of communication and he has to consult in person someone who is well versed in such matters.
Devajyoti Barman
(Expert) 03 April 2013
If you feel harassed by this act then move CAT against the authority.
Raj Kumar Makkad
(Expert) 03 April 2013
Your friend need to challenge the entries before Central Administrative Tribunal henceforth as he is already late to challenge those.
Sudhir Kumar, Advocate
(Expert) 04 April 2013
No. You cannot challenge these entries before CAT at least at this stage. The representation lies to the authority higher than the reviewing authority.
If this representation is not made then you have no case to move to CAT.
This representation should contain merits of the case and also procedural defencts of communication.
Since no inquiry is admissible in this case the representation should be all cohesive and drafted carefully and no sentimentality is to be expressed.
You can have detailed instructions at http://ccis.nic.in/CP_Circular_Report.asp?MinCode=2&DepCode=2&DivCode=4&SecCode=%280%29&CNCode=1&MctCode=3&SctCode=23&ArchCode=2
But mere reading of these instructions like a novice cannot help in this case.
Sudhir Kumar, Advocate
(Expert) 04 April 2013
Secondly.
If the grading is not challenged then he cannot have any promotion upto five years from the last below bench mark ACR.
Since you have not stated length of service, classification of post and age of the employee then the effect of these reports in FR56(j) cannot be commented.
prabhakar singh
(Expert) 04 April 2013
THE CONCLUSION IS THAT GET A PROPER PRACTITIONER.
GET A DRAFT DONE BY HIM.
PRESENT IT TO HIS BOSS.
WAIT FOR HIS DECISION .
ONLY THEREAFTER MOVE TO CAT,IF THERE BE NEED TO DO SO.
Guest
(Expert) 04 April 2013
Average grading in ACR is not based on issue of any memo regarding capability, integrity, honesty or honesty of an employee, rather is based on his perfornance during the whole year under observance. Average grading was also not considered as adverse entry. Earlier the employee was not able to know what grading has been give. But now the Government has developed such system that the employee is able to know about his performance rating each year and can represent against the grading given by the reporting officer or reviewing officer.
So, your friend may better take the action as suggested by Shri Sudhir Kumar.
Sudhir Kumar, Advocate
(Expert) 04 April 2013
As per recent judgement and DOPT Instruction in April 2010 the average grading (or any below Bench mark grading) is to be conveyed just like adverse remarks. That is the reasons he has been communicated the grading at this stage.
If communication is more than one month old by now then he has almost missed the bus.
