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steffi (OFFICER)     16 October 2013

Adverse entries in apar

I AM WORKING FOR A SPORTS DEPARTMENT IN GOA SINCE 2008.I WAS DEPUTED FOR COMMONWEALTH GAMES CAMP FROM 2008-2010 ORGANIZED BY THE ATHLETIC FEDERATION OF INDIA. AFTER COMPLETION OF 5 YEARS I WANTED TO APPLY FOR STUDY LEAVE TO GO FOR MASTERS DEGREE BUT MY APAR'S HAVE BEEN FILLED IN WITH ADVERSE ENTRIES BY THE REVIEWING & REPORTING OFFICER WHO IS THE SAME PERSON DUE TO PERSONAL ENEMITY..I HAVE OUTSTANDING INTERNATIONAL SPORTS ACHIEVEMENTS AND AS AN OFFICER ALSO PROOVED MYSELF AFTER RETURNING FROM THE CAMP ((2010-2013))

THE APAR OF 5 YRS WAS JUST WRITTEN A MONTH AGO SINCE HE DID NOT WRITE THEM EARLIER..HE HAS BEEN TRANSFERRED NOW TO ANOTHER DEPARTMENT SINCE LAST YEAR..

I WAS ASKED TO SUBMIT A REPRESENTATION AGAINST ENTRIES IN APARS AND I DID SO AND HAVE BASICALLLY PROOVED THAT THE OFFICER IS ON D WRONG..

 

WHAT IS THE PROCEDURE AFTER A REPRENTATION IS RECIEVED BY THE OFFICE ?



Learning

 10 Replies

Kumar Doab (FIN)     16 October 2013

 

 

It is believed that APAR stands for ‘Annual Performance Appraisal Report’.

 

As the name suggests it is not ‘Five Yearly Performance Appraisal Report’.

 

Therefore annual appraisal should be conducted annually.

The bosses in the establishment are responsible for conducting it annually and in time.

 

Every entry and more importantly every adverse entry in APAR or ACR should be communicated well in time to the concerned employee/servant.

 

 

If your service record is ‘Excellent’ and has been recorded as ‘Poor’ and you have record to prove then the adverse entries should be changed.

 

If you have already proved then you need to peruse it as per service and conduct rules

of your establishment.

 

You may find the following judgment of apex court relevant and useful.

 

Supreme Court of India

Sukhdev Singh vs Union Of India & Ors. on 23 April, 2013

 

https://indiankanoon.org/doc/9665019/

 

the very purpose of writing annual confidential reports would be frustrated.’

 

“With utmost respect, we are of the opinion that the judgment of U.P.Jal Nigam(supra) cannot held to be applicable only to its own employees. It has laid down a preposition of law.”

 

“concluded that every entry in the ACR of a public service must be communicated to him within a reasonable period whether it is poor, fair, average, good or very good entry. ‘

In our opinion, the view taken in Dev Dutt that every entry in ACR of a public servant must be communicated to him/her within a reasonable period is legally sound and helps in achieving threefold objectives. First, the communication of every entry in the ACR to a public servant helps him/her to work harder and achieve more that helps him in improving his work and give better results. Second and equally important, on being made aware of the entry in the ACR, the public servant may feel dissatisfied with the same. Communication of the entry enables him/her to make representation for upgradation of the remarks entered in the ACR. Third, communication of every entry in the ACR brings transparency in recording the remarks relating to a public servant and the system becomes more conforming to the principles of natural justice. We, accordingly, hold that every entry in ACR – poor, fair, average, good or very good – must be communicated to him/her within a reasonable period.”

 

 


Attached File : 790648125 sukhdev singh vs union of india & ors. on 23 april, 2013.pdf downloaded: 286 times

Sudhir Kumar, Advocate (Advocate)     17 October 2013

APAR should have been got signed by you and you have a right to submit a representation within 15 days of such signature. If 15 days have gone you have prima-facie lost right of representaion in the first instance.

Sudhir Kumar, Advocate (Advocate)     17 October 2013

as per existing instrcution the IO has lost his right to initiate APAR in August following the period of APAR. The report itself is illegal and malafide due unusual delay. You still have not lost much ground and can submit representation giving reasons for delay.

Sudhir Kumar, Advocate (Advocate)     17 October 2013

Further it is not understood what is the relation between study leave and APAR.

Sudhir Kumar, Advocate (Advocate)     17 October 2013

you asked "WHAT IS THE PROCEDURE AFTER A REPRENTATION IS RECIEVED BY THE OFFICE ?" The representation must be disposed off within one month by a speaking order by the authroity next in heirarchy to the reviving authroity.

steffi (OFFICER)     17 October 2013

I made a represntation quoting guidelines not followed.. My represntation was a file of 400 pages with all proofs prooving entries were made not on merit but personalenemity. I wanted to know wat will the office do now..send it to dat officer back whoz in the other departmnt o expunge it in the office itself

steffi (OFFICER)     17 October 2013

Im planning of taking extra ordinary leave and just joining the course or ill loose admission.. Since 1st year would end in may can I come back and join again.. Den take eol in october again for the 2 nd year.. Dat means eol in 2 halves

steffi (OFFICER)     17 October 2013

U need to complete probation period satisfactorily before granting study leave... Our dept has not had a dpc for the last 13 years and no confirmations and no promotions since long... A year back the reviewing authority was transfered to another dept . And since acr's were not complete to process for lifting of my probation the acr's were sent to him for filling and on purpose he adversely remarked

Sudhir Kumar, Advocate (Advocate)     17 October 2013

there is no relation between study leave and APAR. leave rules governing study leave do not refer to APAR. In any case before joining the course you need permission of the deptt.

Sudhir Kumar, Advocate (Advocate)     12 July 2014

has the representation been decided within one month?

to whom you represented, whether authority higher than reviewing authority?


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