Expunge of Adverse remarks - Integrity doubtful from ACR
C.P.Arora
(Querist) 24 October 2015
This query is : Resolved
Dear Experts
I m working in Technical Education Department in Haryana State as Lecturer . False adverse remark in ACR for period 2010-11 'Integrity doubtful' recorded by reviewing authority(Principal) in contrast to reporting authority(HOD). The appellate authority(PSTE) expunged the same on 17.7.2013 on file. But it has not been conveyed till date due to which ACP has not been granted due from 1.7.2013. What options can I have to explore to get my rights? Also can any action be sought against erring Principal for recording false adverse comments out of mal-intent?
Anirudh
(Expert) 24 October 2015
Please avoid this type of vengeful reactions - as you will never be able to succeed, but only be wasting your hard earned money and energy.
Instead, better write to your departmental head about non-grant of ACT which was due on 1.7.2013. If nothing happens say within one or two months, then approach the Administrative Tribunal, without wasting further time.
Kumar Doab
(Expert) 24 October 2015
Hope the HOD,Principle,PSTE have shared the copies with comments/ACR record with you.
C.P.Arora
(Querist) 26 October 2015
Yes Sir. Adverse comments were conveyed by Director n I appealed for expunge to PSTE. Through noting file received under RTI Act found that adverse remarks hv been expunged on 17.7.2013. But has not been communicated so ACP pending due from 1.7.2013. Your advice, please, Sir.
C.P.Arora
(Querist) 26 October 2015
Dear experts, in Haryana State government State Administrative Tribunal does not exist.
Anirudh
(Expert) 26 October 2015
If there is no State Administrative Tribunal, then you have to approach the High Court by way of Writ petition.
C.P.Arora
(Querist) 28 October 2015
Is there any rule regarding time frame for conveying the decision of Appellate authority to the appellant (sufferer)?
K.S.Srinivas
(Expert) 29 October 2015
Please go through the service rules of Haryana state.
C.P.Arora
(Querist) 29 October 2015
Dear Sir
I hv gone through these but could not get. I could find only regarding time frame of 45 days for filing an appeal. I found one order of DOPT for centre govt as per that appeal is required to be decided n communicated within 3 months of filing. Will it be applicable in Haryana State govt.
Pl help, experts.
K.S.Srinivas
(Expert) 29 October 2015
Haryana State Government Employees service rules are applicable in our case.
Kumar Doab
(Expert) 29 October 2015
Every entry and more importantly every adverse entry in APAR or ACR should be communicated well in time to the concerned employee/servant...............
There are many threads at LCI that you may find alongwith judgments cited in the threads e.g;
http://www.lawyersclubindia.com/forum/Adverse-entries-in-apar-90575.asp#.VjGwSG5-jMo
Supreme Court of India
Sukhdev Singh vs Union Of India & Ors. on 23 April, 2013
http://indiankanoon.org/doc/9665019/
“the very purpose of writing annual confidential reports would be frustrated.’
“With utmost respect, we are of the opinion that the judgment of U.P.Jal Nigam(supra) cannot held to be applicable only to its own employees. It has laid down a preposition of law.”
“concluded that every entry in the ACR of a public service must be communicated to him within a reasonable period whether it is poor, fair, average, good or very good entry. ‘
“In our opinion, the view taken in Dev Dutt that every entry in ACR of a public servant must be communicated to him/her within a reasonable period is legally sound and helps in achieving threefold objectives. First, the communication of every entry in the ACR to a public servant helps him/her to work harder and achieve more that helps him in improving his work and give better results. Second and equally important, on being made aware of the entry in the ACR, the public servant may feel dissatisfied with the same. Communication of the entry enables him/her to make representation for upgradation of the remarks entered in the ACR. Third, communication of every entry in the ACR brings transparency in recording the remarks relating to a public servant and the system becomes more conforming to the principles of natural justice. We, accordingly, hold that every entry in ACR – poor, fair, average, good or very good – must be communicated to him/her within a reasonable period.”
Kumar Doab
(Expert) 29 October 2015
You may also go thru:
http://www.lawyersclubindia.com/forum/If-decision-of-his-termination-wrong-the-employee-will-be-e-66470.asp#.VjGxj25-jMo
All experts are requested to provide the copy or link to the decision delivered by bench comprising justice Altamas Kabir and justice J Chelameswar on a petition filed by Ram Kishan, former under secretary (legal), Dakshin Haryana Bijli Vitran Nigam.:
