Confidential report
kumarjainn
(Querist) 19 February 2012
This query is : Resolved
sir
while appraising my ACR for the year 2011 my assessing officer has given me 83percent marks. the reviewing officer has given me 79 percent marks though the comments written by him says that he appreciates my work but it would be better if i have done some more work for practical utility of the work. thus he has appreciated the work and at the same time reduced the marks then finally dirctor marked my ACR and gave me 77 percent marks. on what ground can i give my representation is there any court ruling
without giving any adverse comments how can they downgrade my ACR from 83 marks to 79 marks by reviewing officer and then 77 marks by director
Kiran Kumar
(Expert) 20 February 2012
what were the parameters for assessment?
how they downgraded you?
Sudhir Kumar, Advocate
(Expert) 20 February 2012
You have not disclosed whether you are in Govt or PSU.
Generally the reviewing officer can reduce the assessement only be recording reasons.
It is not clear whether the assessment now given can be termed as adverse or below bench mark. In any case you have right to represent against downgrading.
The bes and practical advise can be given only by seen the ACR for which you have right to receive copy toenable you to make representation.
kumarjainn
(Querist) 20 February 2012
sir
i am in central govt. job.
80% marks is very good and less than 80% marks is good. Thus the final grading is good. The downgrading is in the ACR for the year 2011.
In the last years 2009 and 2010 I had received 82% marks.
the reviewing officer has downgraded my ACR this year. I was not working with him. I had no interaction with him regarding my work. the accepting officer (Director) also being unduly influenced by RO (Reviewing officers) marking has further reduced my marks to 77% giving a significant differnce of more than 7% marks from the initiating officer. No adverse entry is given in the ACR fro downgrading the marks. Instead RO wrote the comments apreaciating the work and suggesting if some practical utility could be added in the research work. they meant some software would have been developed for deceision making. They should have assessed my work which I have done and not the work which I have not done. In research work every thing is not feasible. pl. advice can they reduce my marks without giving any adverse enteries.
Is the suggestion given by them in the ACR is an adverse entry on the basis of which they can deduct my marks. if so they have to communicate the comment to me or not or having shown the ACR amounts to communicating the ACR. can I write and give representation or the matter can be taken to CAT for relief
Guest
(Expert) 20 February 2012
Downgrading of ACR is treated as adverse entry. The authority who downgraded the entries has to justify with appropriate reasons recorded for that and is also required to communicate the same in time to the officer concerned so that he may be able to represent against the remarks, if desired.
kumarjainn
(Querist) 20 February 2012
sir
thanks
officme has not communicated the adverser remarks if any but they have downgraded the ACR. However I am giving representation for downgrading the ACR on the ground that the Reviewing officer (RO) was not involved with me in my work and he has undermined the marks awarded to me by my Initiating officer (IO) and the accepting authority (director) being unduly influenced by the marking of RO has furher downgraded in the ACR
Guest
(Expert) 20 February 2012
The question arises, if the downgrading officer has not coveyed the remarks, how you could come to know about downgradation and against what you would be representing without knowing the background of downgradation, as might have been recorded by the officer?
kumarjainn
(Querist) 20 February 2012
sir
the deparment has shown the ACR as per rules.
The marks awarded are:
Initiating officer (IO) : 83%
Reviewing officeer (RO) : 79%
Accepting officer (AA) : 77%
80% is the bench mark for getting call for interview for promotion
reviewing officer is not involved with me in my work any time. I have been working under IO and he has rightly awarded me marks. how can the RO undermine the marks given by IO when RO has not been involved in my work. there is no adverse entry in the ACR. Later if they add it is different thing. they have not communicated to me any adverse entry. RO appreciated the work and suggested if it could be made more useful by practical utility. This suggestion cannot be treated as adverse entry. then without any adverse entry how he can downgrade the ACR that too without being involed/guiding me in the work
Guest
(Expert) 20 February 2012
You can ask for the copy for the purpose of making representation/appeal.
kumarjainn
(Querist) 20 February 2012
sir
but nothing adverse is written in the ACR
even if they give the copy there will be nothing adverse against which i can represent
kumarjainn
(Querist) 20 February 2012
sir
if i ask for a copy then they will add many things adverse in the ACR before giving me.
If the ACR has been sent to Head quarter in that case they cannot give copy.
K.S.Srinivas
(Expert) 20 February 2012
Ask for a copy of ACR under RTI Act and then make a representation to the officer concerned in case the authority who has downgraded the grade or marks has not justified the reasons in writing for downgrading the marks.
kumarjainn
(Querist) 20 February 2012
sir
we have to give representation within 15 days from seeing the ACR.
RTI will take time
the ground that the RO was not associated with me in my work is also a legal ground as the RO and IO should have worked for three months with the assessee
Guest
(Expert) 20 February 2012
I think your organisation is following arbitrary policies and also expect its employees to follow only hit and trial methods.
You can ask for a copy of ACR even without resorting to RTI, as it is your right to get the adverse remarks in writing duly communicated by the concerned authority.
You must write clearly that you want a copy for reference to make representation against the adverse entry in the ACR and also request that due time may be allowed for representation after the date of receipt of copy of the ACR.
Guest
(Expert) 20 February 2012
You are welcome.
Sudhir Kumar, Advocate
(Expert) 20 February 2012
Do not ask for copy of the report under RTI. If you do so the department has a license to delay it for thirty days then refuse under flimsy ground then you appeal and reject appeal under flimsy ground the n you go to CIC and then deptt is directed to give copy and by the time your limitation period for appeal is gone.
You apply copy of the report (if not already given to you as per DOPT instructions) from Establishment, to enable you to make representation. You time starts then.
AS per latest revised DOPT instruction you time for representation is 15 days of seeing the report.
AS per latest revised DOPT instruction there is no need to tell you that a particular entry is adverse. You have to decide if any entry is unjust and represent against it.
AS per latest revised DOPT instruction you have a right (rather a duty) to represent against below bench mark. You told that bench mark is 80 and you got 77. Your right of representation may soon extinguish.
You said that you wer enot working under RO if that is true then this can be a ground of not only expuction of remarks rather disciplinary action against him.
As per instruction you have a right to:-
(i) Insist upon a solitary 4/5 ACR to be ignored at the time of consideration.
(ii) Non-consideration of this report as long as your representation is pending.
kumarjainn
(Querist) 28 March 2012
sir
i had submitted representation on 22nd feb. i.e. within 15 days period for giving representation. The list of candidates found fit for consideration for promotion has reached office on 24th. March. My name is not in the list. I have made representation to the grievance cell to include my name in the list after ignoring the ACR of the year 2011 as I have sent representation and it will take time to settle the representation. In the mean time my office sent my earlier representation to the Head quarteron 26th March. Head quarter has sent my ACR to the officer for review. I had sent the advance copy of my application to the grievance and submitted its copy in the office as office would take time to send the application. The letter will reach tomorrow.
The Review will be done by my office and they may not increase the marks. They are saying after their review I cannot make appeal again . Is it right?
Guest
(Expert) 28 March 2012
Your casual approach without any on-time constructive help of some professional is not likely to benefit you much, similarly, as you have been struggling hard since the last several years. Any court case may also not be able to help you without constructing a solid base for that.
In the present case, you will have to wait for the outcome of your representation.
