Promotion and ACR

Querist : Anonymous (Querist) 20 January 2010 This query is : Resolved
As per Swamy's manual for govt. of India employees,any adverse comment in annual confidential report has to be intimated to the employee.What are the legal measures that can be taken by an employee of GOI when he is denied a time-bound promotion on the excuse that his ACRs were "good" while criterion for promotion was ACRs must be "very good"? His ACR remarks were never intimated to him.His organisation is refusing him copies of his ACRs(annual confidential reports) as per RTI Act.What are Supreme Court's directive or citation in this regard.

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Raj Kumar Makkad (Expert) 20 January 2010
Though the scope of courts in the matters of ACR recording is very limited and its interference is permitted only where the malafide and arbitrary entries have been made with malice intension or the same have not been communicated to the concerned employee.

In your case, the intension of the department is clear. Non supply of the required/desired copies of the ACR is an indication that the entries have been made with malafide intesion and the concerned authorities want to suppress this material evidence from you.

Bahadur Singh (Major) versus Union of India 2003 (3) Recent Service Judgments 333 (Delhi) (DB) is fully applicable in your case wherein the similar order was reversed and the concerned employee was given all promotional benefits with all arrears with interest and cost.

If there is no material on the file to make entry as made then the civil court has also got jurisdiction to try and decide the suit. So you after serving a due notice, can file civil suit against your department.

Binod Kumar Mishra (Expert) 21 January 2010
Makkad sir has very briefly elaborated the things required in your case. you must proceed according to the directions of Makkad sir.

after that if you required any further help please send me PM and i will guide you accordingly.

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