Bias in acr
anjalee
(Querist) 16 January 2017
This query is : Resolved
Sir,
my reporting officer rated me much below the parametre to deny promotional opportunity to me. my rating before and after this particular reporting officer was very good but only in his tenure for 2 years my report was below average.
5 years acr is seen for promotion which has to be above average for all 5 years. 2 years is average and as a result i did not get promoted.
i made representation alleging bias but my marks were not expunged.
the comunication of adverse entry (which was later upgraded by reviewing officer)was made after 2 years for the period 2013-14 and no communication was made for the period 2014-15. the dpc acted upon these reports and the counter signing authority did not expunge my marks on the facts so stated in the representation.
date-wise, dpc considered me as not fit and my representation was decided later in date rejecting my prayer.
my promotion is postponed by 5 more years for which i have to secure above average.
do i have a case? what relief can i seek? what are my chances? what should i pray in my writ petition as CAT is not applicable on our organisation?
thanks and regards

Guest
(Expert) 16 January 2017
Dear Ms. Anjalee,
In the absence of any description of bias by you, I don't know the grounds on which you could have made mention of bias against the Reporting Officer.
But, it is certain that mere mention of bias, without a proof, can't convince the competent appellate authority to agree to the views of the appellant. Representation, if made, against the adverse remarks should be quite effective to highlight the defects in rating/ grading by the Reporting Officer/ Reviewing Authority, rather than mention of any bias without some solid proof of bias.
However about righting of ACR, there are fixed deadlines for reporting by the Reporting Officer, review by the Reviewing Authority and communication of the adverse remarks, if any, to the concerned executive reported upon. If those deadlines are not observed the entry is treated as non-existent and has to be expunged, which you have already stated that the reviewing authority has upgraded.
Further, below average is also treated as adverse remarks and that should also have been communicated to you in time and was required to be given an opportunity for submission of your representation against adverse rating. I don't think whether you have represented on those lines or not, if those unrepresented ACRs were taken in to account by the DPC.
So far as DPC is concerned, that has to act upon whatever has been produced before the DPC members and their recommendations depend upon the merits as per the criteria fixed for the DPC.
However, on upgradation or expunging of adverse remarks, a representation for Review DPC can be made by the employee showing full justification.
So far as your question is concerned about case and relief to be sought through CAT, some definite opinion can be formed only after examination and analysis of the case related documents, including your representations and decision of the competent authority. Probably, you may require some more authentic proof to justify your claim through CAT.
Rajendra K Goyal
(Expert) 16 January 2017
All the documents, facts need detailed analysis, discuss with local lawyer expert in service matters.
Sudhir Kumar, Advocate
(Expert) 17 January 2017
bias not described and the dates of events are also not there. No useful view can be formed.