Ccs (cca) rules, suspension, revocation, apar, adverse remark etc.
mohanlal
(Querist) 26 February 2012
This query is : Resolved
ISSUE-I
1. I was place under deemed suspension because I was in custody for more that 48 hrs (about 55 days) in connection with false 498-A case.
2. Deemed suspension was extended for further 180 days after 90 days of suspension.
3. After the 180 days, the deemed suspension just revoked.
ISSUE-II
1. Meanwhile in my Annual Performance Appraisal Report (APAR) my integrity has been assessed as “Unreliable”.
2. This adverse remark not expunged even after two representations I submitted to two different authorities in hierarchy.
IMPORTANT:
1. The authority who didn’t expunge the said adverse remark on my second representation, the order of revocation of my deemed suspension delivered to me through his office.
2. In chronological order the order of revocation is the latest ORDER.
QUERY:-
1. HOW a public servant can join, as suppose to join after revocation of suspension, and discharge his official duty in DIGNIFIED manner when his INTEGRITY has been assessed as “Unreliable”?
2. The proper Jurisdiction(& Maintainability) for this grievance to redress -
(i) High Court under Writ of Mandamus or
(ii) Central Administrative Tribunal (CAT) under Service Law.
3. Any other remedy available?
Most Important –
Is there any overriding effect of the order of revocation of deemed suspension over the decision on my second representation in which the adverse remark was not expunged but retained?
Guest
(Expert) 26 February 2012
Dear Mohan Lal,
Sorry to say, you try to intermingle different unconcerned matters with each other, as your deemed suspension and its revokation did not have any concern with your APAR. These are two distinct matters.
2ndly, mere making of a mention of the term "unreliable" does not have any sense or justification, unless justified by a valid reason to be recorded in writing along with the remarks by the reporting authority. But, you have not mentioned what reasons the reporting authority in the APAR has given along with his the remark to justify that.
3rd, Question of representations to two different authorities has no relevance. You were required to appeal against the adverse remark to the specified Appellate Authority only, as prescribed in the rules of your organisation for the purpose.
4th, You leave the experts to guess about your employment, whether you are a Central/ State/ Private employee, as in the qwhole lengthy query yu have not mentioned about that. The only clue out of your lengthy query could be taken from the single word of "CCS (CCA)" which you stated in the topic of the question that you are a Central Government employee.
NOW ABOUT YOUR QUESTIONS:
1) Your query that how a public servant can join on revocation when his integrity has been assessed as unreliable" is quite irrelevant. AT FIRST, you should understand that 498A case was not made against you by your employer. It is your private life case as made by your own family member. So, you were not deprived of your dignity by your employer. I KNOW, EARLIER YOU WERE DISSATISFIED AND SHOWED YOUR ANGUISH WHEN YOU WERE PUT ON DEEMED SUSPENSION, AND NOW WHEN YOUR SUSPENSION HAS ALREADY BEEN REVOKED YOU HAVE AGAIN SHOWN YOUR DISSATISFACTION & ANGUISH AGAINST THE AUTHORITIES OF YOUR DEPARTMENT.
SECONDLY, Your question merely denote that you do not have the intention to join even after revocation of your suspension. So, how the experts can insist you to join or not to join. It is your own sweet will to join or not. But later you would come back on this forum only to state that you have been charge sheeted with a charge of unauthorised absence when you won't join duty even after revocation of your suspension.
2) When you speak about CCS(CCA) Rules and if a Central Government employee, your case would fall under the jurisdiction of CAT only.
3) Only your patience, wisdom, and hiring of two differemt learned experts in your private case as well as official case is the other remedy, rather than mixing up both the cases and using hit and trial methods to tackle the cases.
NO COMMENTS on your so called "most important" matter in the absence of any reason behind your treatment as unreliable, which you have not yet quoted.
V R SHROFF
(Expert) 26 February 2012
Mohanlal,
It seems your wife troubled you, throw into this ditch of 55 days jail & undesirable comments on your service record.
I simply advise to obediently work now, and get better remakes next time.
Your only support is your job.
Do not start fight with them too.
Under Family dispute condition, you need to have favourable working condition, where your superior may accommodate your mistakes.
So politely and obediently perform your duty, do not go against them./
Raj Kumar Makkad
(Expert) 26 February 2012
I completely agree with the detailed replies of the experts.
Sudhir Kumar, Advocate
(Expert) 27 February 2012
Just not able to get what you say.
If the adverse remarks are on integrity then there is elaborate procedure to be followed by IO and RO. Without reading papers I can infer that you have not quoted proper instructions in your representation and have lost the appellate right and spoiled you opportunity.
You have not been able to indicate as to how suspension and APAR are related.
Better you consult a knowledgeable person near you
