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sunil (jt secy)     28 May 2013

Error apparent on the face of the record

1.       For the same period 1/1/05 to 31/3/05, there were two ACRs detected.

2.       B+ went to IAS selection Committee,( held on July,12, minutes received under RTI 27/02/2013);

3.        A+ to the DPC for selection grade of additional Collectors held in May 2011,( minutes received under RTI on 3/12/2012) .

4.       For DPC in para 3, the actual gradation cannot be upgraded on degraded.

5.       The ACR in para 3 is not available under RTI.

6.       The process of ACR keeping is confidential, and the applicant has no access to the system.

 

7.       The department should have taken both the ACRs to the original reporting officer and should have confirmed the veracity of the document. This was never done by the department. Meanwhile the Selection Commission Meetings turned down the applicant based on the erroneous ACR presented to it by the State Govt.

 

8.       Department of Revenue, parent department for the applicant; on petition of the applicant, has considered this anomaly, and asked the original reporting officer for his comments. After due consideration to the reasoned comments of the original reporting officer, R&FD  gave an order of upgradation of the two consecutive ACRs reported by the same officer, for the period 1/1/05 to 27/07/05 to A+.

 

GR  No. R&FD ACR2013/01/CN09/E1, 15th March, 2013.

 

 

9.       Obviously the ACR that was sent to the Selection Committee Meeting held on 9th July, 2012 was erroneous on the face of it. Applicant invokes the well-known maxim 'res ipso loquitur’. By the applicability of doctrine res ipso loquitur, serious negligence could be inferred. The credibility of the very process of this confidential record keeping becomes doubtful.   

 

10.    This year the SCM is likely to be held any time in June 2013. The same erroneous ACRs shall be considered, if Court does not intervene in the interest of justice.

 

11.   What should i plead before CAT? The March order is yet to be communicated to UPSC by the GoM.

 

 

12.   This year the applicant turns 54, meaning it is his last chance to be considered for Selection into IAS by promotion from State Cadres. In the ensuing SCM if the corrected record is not presented, great loss shall be caused to the applicant. This loss shall be irreparable and irreversible; hence the urgency.

 
 


Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     25 July 2013

have you sustained any loss.  come clear with facts.


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