Promotion and acr
PPBiswas
(Querist) 18 January 2017
This query is : Resolved
In 2008,promotion from CMO to CMO(NFSG) was denied to me due to uncommunicated below benchmark ACR in 2006.I'd appealed to CAT for upgradation of ACR but my appeal was turned down by CAT in 2013. Then in 2013,I filed a writ petion in high court for cancellation of below benchmark ACR. While admitting my case, HC asked my office to submit written reply within three weeks,which they have not done yet. But for more than three years, my case did not get any date in high court.
My question is, can I file a fresh case in CAT for cancellation of my adverse ACR for 2006, since my first case was for upgrade of this ACR? Now it appears that it is easier to get dates in CAT compared to high court. Please advise how to expedite my case.
Guest
(Expert) 19 January 2017
Dear Shri Biswas,
Not a good proposal to shift stance.
Non communicated below benchmark entries should have been ignored by the DPC and the ACR of equivalent earlier period before 5 years could have been taken in to account for consideration for the purpose of grading.
Although you have not stated much about the case history/ background about the entries in the ACR, but it clearly seems that from the very beginning you adopted a wrong course of action. Your first effort should have been to get the entries treated as non-existent due to non communication of below benchmark grading. For that your representation/appeal with effective language could have lied on the appellate authority superior to the reviewing authority on merits. Only then, if appeal rejected, you were required to approach the CAT with reference to the infirmities of the decision on your appeal to the departmental authorities.
CAT or courts go only by the proof as evidence, not by mere convictions or perceptions of individuals.
Losing your case at the CAT level seems to be due to the same reason, where you would not have been able to represent effectively for want of sufficient evidence on the irregularities committed by the department.
Even now, if you go to CAT for cancellation of adverse entry or upgradation of ACR, the CAT won't interfere with the executive action of adverse entries as it don't have the power to direct the Executive Authorities at its own to do whatever the litigant wants unless injustice is evident and is proved beyond any dout. Moreover, when the case is already pending with the HC, it is not advisable to go again to the lower level of the court (CAT).
However, from the description of the case, it becomes evident that your case may be hanging fire only due to the lethargy of your own lawyer with lack of pursuit of the case. Otherwise, there seems no reason for the department to take such a long time of more than three years to submit reply.
SINCERE PURSUIT OF THE CASE BY YOUR OWN LAWYER IS DESIRABLE.
Rajendra K Goyal
(Expert) 19 January 2017
High Courts are overburdened, you can follow up through your lawyer.
Guest
(Expert) 19 January 2017
" High Courts Are Over Burdened" It is Not A Good Statement/Remark by the above Expert. All the Courts are taking Genuine Steps to Complete all the Cases at the Earliest.
Guest
(Expert) 19 January 2017
Author could Request his Advocate to Plead in the concerned Court to Place the Case for Urgent Hearing and the Matter would be taken up in the Concerned Court with in 3 days.
Guest
(Expert) 19 January 2017
The High Reputation of Honorable Courts should be maintained and it should not be commented (Like above Person)
Guest
(Expert) 19 January 2017
I endorse the views of Shri N.J.S. Rajkumar. High Courts are overworked that does not mean that the should be allowed to be lingered on for indefinite period and the concerned lawyer should remain in slumber.
PPBiswas
(Querist) 19 January 2017
Thank you experts.
After the first hearing in November 2013, learned judges did not even permit any mentioning by my lawyer for two years. After more than two years wait, my lawyer could mention the case in December 2015. It was included in list for about ten months. After another change in composition of bench, now it is no more in daily list. Guess I must be patient and persistent.
Guest
(Expert) 19 January 2017
You are welcome. Your lawyer has the need to pursue the case effectively.
Rajendra K Goyal
(Expert) 20 January 2017
Forum would not gain anything from comments by experts on other experts / contributors.
Guest
(Expert) 20 January 2017
The Damaging Comment by Above Expert( who Advises) about Senior Expert/Senior Expert Mr.Rajkumar Makkad had forced by him to Leave the Thread /Forum It Self.Refer His Last Post.Only A Wise Man Who Could Confirm he is 100% Perfect Could Advise/Criticize Others.
Dr J C Vashista
(Expert) 26 January 2017
Dear Experts,
Instead of brick-batting against each other over non-issue is damaging our own reputation in the mind of queriest(s), we shall appreciate the fact.
The very purpose of queriest is not to find "one-up expert" but to get some guidance and advise, which we are well aware.
I request you to stop such practice or leave the platform.
Warm regards and best wishes.
Rajendra K Goyal
(Expert) 26 January 2017
Expert Dr J C Vashista,
Understand and respect for your feelings.
