Acr of government officers
BISWAJIT PANIGRAHI
(Querist) 17 July 2015
This query is : Resolved
SIR,
MY 2ND MACP WAS DUE FROM AUG,2013.IT HAS BEEN DEFERRED TWO TIMES FOR WANT OF ACR'S 2007-08 & 2008-09.BUT RECENTLY SCREENING COMMITTE HAS BEEN UNFIT ME GRANT MACP FOR THE ACR, BELOW BENCH MARK FOR THE PERIOD 2007-08 & 2008-09.BUT I HAVE NOT BEEN RECEIVED ANY COMMUNICATION REGARDING MY INTIGRITY AND OFFICIAL DUTIS FOR THE PERIOD 2007-08 & 2008-09.SO I AM SUSPECTING SOME TYPE OF CONSPIRACY BEHEIND ME.SO CAN I ASK TO VERIFY MY ACRS FOR ABOVE SAID PERIODS ? IF IT IS NOT OK OR BELOW AVERAGE WHAT SHALL I DO ?
Sudhir Kumar, Advocate
(Expert) 18 July 2015
You prima-facie have a good case.
It the report was below bench mark then you are entitled to have a copy of the same and to represent against the same.
Since uncommunicative adverse/below bench mark report has been considered to deny you MACP you have a right to challenge the denial as well.
Meet a lawyer immediately.
Dr J C Vashista
(Expert) 18 July 2015
I agree with expert advise of Mr. Sudhir Kumar.
Adverse ACR (if any) without any communication is against the law laid down. You must challenge it.
MACP is a different concept where you are entitled for minimum assured career progression which can not be connected with bench mark set by the organization.
Rajendra K Goyal
(Expert) 18 July 2015
Use RTI to get the information and represent.
Sudhir Kumar, Advocate
(Expert) 18 July 2015
NEVER and NEVER use RTI for this purpose.
Irrespective of RTI, you are entitled to :-
(i) represent against these reports.
(ii) take benefit of "uncommunicated" nature of these reports.
Usig RTI has the following perils :-
(I) you deprive yourself of the argument that the uncommunicative remarks have been taken into consideration.
(II) The deptt committed mistake and by misusing RTI against you, you will correct the mistake
(III) If you use RTI process then deptt gets a handle to put you in spin. put you in spin. First denial of report and then delay decision on Ist appeal and then you keep waiting to be heard by the CIC and they they appeal against CIC derision and by the time you may retire. In the meanwhile you do not go to CAT and after one yer you loose the limitation.
T. Kalaiselvan, Advocate
(Expert) 19 July 2015
Consult a local lawyer with all relevant papers and proceed as per his advise.
Sudhir Kumar, Advocate
(Expert) 21 July 2015
I partially agree with Dr Vashist.
Below Bench mark ACR is bar on giving MACP.
