Representation against apar
J Gupta
(Querist) 29 April 2015
This query is : Resolved
SIR
THE UNDERSIGNED WHO IS WORKING UNDER CENTRAL GOVERNMENT,WAS COMMUNICATED ADVERSE APAR FOR 2013-14 ON 30-9-2014. ON 11-10-2014 THE UNDERSIGNED HAS REPRESENTED AGAINST IT.TILL NOW NO REPLY HAS BEEN RECEIVED FROM THE DEPARTMENT.
KINDLY LET ME KNOW WHETHER IN THIS SITUATION ,THE SUJECT APAR WOULD BE CONSIDERED OPERATIVE. ALSO WHAT ARE THE OPTIONS/ REMEDY AVAILABE TO ME.
KIND REGARDS
Guest
(Expert) 29 April 2015
Remind 2-3 times the competent authority to ask for the status of your case. If still there is no response, you may knowck the door of CAT to seek their direction to the concerned authority to expedite the case, as CAT may not interfere with the subject matter until your representation is rejected. But mind it, any direction of CAT may tend to irritate the minds of the authorities to ccause some megative results in the case. So, be patient for the time being until your representation about APAR is finally decided.
Sudhir Kumar, Advocate
(Expert) 29 April 2015
who did you represent. your query is silent on this.
whether you appealed, within 15 days of communication, to the authority higher than reviewing authority.
Rajendra K Goyal
(Expert) 29 April 2015
Author is required to reply the query from expert Sudhir Kumar.
P. Venu
(Expert) 30 April 2015
You have rightly made the representation within 15 days. The procedure requires that the Competent Authority should have decided the matter within 30 days. You have the option of moving the CAT six months after the representation. If, in the meanwhile, a decision is received and if you are still aggrieved you can approach the CAT within a period of one year thereafter.
According to the extant norms, the adverse remarks in the APAR cannot be operative so long as the representation is undecided.
It is suggested that you can wait till the representation is decided.
Sudhir Kumar, Advocate
(Expert) 30 April 2015
If the facts not disclosed are not different then more as advised by Mr Venu. There is no need of repeated reminders. You have availed depttl remedy and can move to court.
T. Kalaiselvan, Advocate
(Expert) 04 May 2015
Wait for the department to decide about the representation made, atleast for six months and then move CAT as advised by other experts.
Sudhir Kumar, Advocate
(Expert) 04 May 2015
the representation was to be decided within one month. you cause of action starts from one month. Moreover notwithstanding the facts of the case the PAR cannot be recorded after 30th August.
J Gupta
(Querist) 05 May 2015
thanks to all the learned experts for their valuable guidance
