Apar made inoperative due to representation
J Gupta
(Querist) 25 May 2015
This query is : Resolved
SIR
THE UNDERSIGNED WHO IS A CENTRAL GOVERNMENT EMPLOYEE HAS MADE REPRESENTION AGAINST ADVERSE APAR WITHIN THE SPECIFIED 15 DAYS. NO DECISION HAS BEEN TAKEN ON MY REPRESENTATION EVEN AFTER SIX MONTHS. KINDLY LET ME KNOW , HOW LONG THE ADVERSE REMARKS OF THE APAR WOULD REMAIN INOPERATIVE DUE TO THE REPRESENTATION?
CAN THE DEPARTMENT SUBMIT SUCH INOPERATIVE APAR TO THE DPC TO BE HELD AFTER 2-3 YEARS?
IN SUCH A SITUATION WOULD THE CASE BE ADMISSIBLE IN CAT OR ANY OTHER COURT , AT THAT STAGE, i.e AFTER THE DPC OUTCOME BECOMES KNOWN ?
KIND REGARDS
Guest
(Expert) 25 May 2015
Mere representation does not make the APAR inoperative, unless decision in favour of the employee is made by the competent authority.
J Gupta
(Querist) 26 May 2015
Sir
There is a DOPT OM NO 21011/1/77-ESTT A DATED 30-01-1978, WHICH STATES-
"ADVERSE REMARKS SHOULD NOT BE DEEMED AS OPERATIVE ,IF ANY REPRESENTATION FILED WITHIN THE PRESCRIBED TIME LIMIT IS PENDING.--"
WILL THIS PROVISION APPLY IN OUR PRESENT CASE?
KIND REGARDS
Guest
(Expert) 26 May 2015
Presently, you are required to check with the APAR ruling, not of old system of ACRs.
J Gupta
(Querist) 27 May 2015
Sir
DOPT OM No.21011/1/2005-Estt.(A)(Part.III)dt31 st January, 2014 states:
"It is reiterated that proper disposal of representation in a quasi-judicial manner as
outlined in this Department's OM dated 13.04.2010 is mandatory before the under
consideration ACR/APAR may be placed/considered before/by the DPC."
WILL THIS PROVISION APPLY IN OUR PRESENT CASE? Does it mean that such APAR having representation, not be placed before the DPC?
KIND REGARDS
Guest
(Expert) 27 May 2015
Mr. Gupta,
Do you believe that the competent authority will not dispose of your representation for the next 2-3 years before the DPC is held, as you have raised a very vague query, "CAN THE DEPARTMENT SUBMIT SUCH INOPERATIVE APAR TO THE DPC TO BE HELD AFTER 2-3 YEARS?"
Still further, Your further question, IN SUCH A SITUATION WOULD THE CASE BE ADMISSIBLE IN CAT OR ANY OTHER COURT , AT THAT STAGE, i.e AFTER THE DPC OUTCOME BECOMES KNOWN?" is also vague and quite premature, if you expect the experts to predict what will happen after 2-3 years without there being any DPC related problem for the present.
By the way, what actually will you gain if the experts try to predict and presume what would be the position of your case after 2-3 years, and something else happens, as against their presumptions?
If it is your real problem, better wait for the outcome of your representation. The authorities cannot be expected to sleep over your case for such a long period of 3 years and to rise from their sleep only after the DPC to be held after 3 years.
J Gupta
(Querist) 27 May 2015
Sir
grateful for your detailed and valuable advice.
KIND REGARDS
T. Kalaiselvan, Advocate
(Expert) 29 May 2015
Explained very well by expert Mr. Dhingra, the author should understand the problems prevailing at his end and cannot expect predictions of the issue that may arise at a later stage by the experts here.
