Adverse remark in acr
PPBiswas
(Querist) 23 June 2013
This query is : Resolved
My promotion was denied as I was marked "average" during 2006-7. Promotion criteria was two very good and three good. I had one very good and three good and one average. I applied to CAT, kolkata for redressal. Hon'ble judge at CAT asked whether there was a quota or not and said if there was no quota, then my appeal would be passed. But due to delaying tactics by my office, the previous judge retired before making another hearing within one and half years. New judges heard my appeal and said they would pass order in my favour, but after more than two months, they passed an order dismissing my appeal as an upgrade of average to good would be insufficient for me to get a promotion. My questions are:
1.What is the statutory time limit for me to appeal to high court, if any, and from which date it is calculated- from date of issuing certified copy(order is not available in website) or from date of issue of order?
2.Can I produce additional documents in my favour in high court or do I have to rely on the same set of documents as produced in CAT?
3.What is my prospect of winning this case?
4.Whether it is possible to file an appeal to Principal bench of CAT against this judgement of Calcutta Bench?
Please reply at the earliest
Sudhir Kumar, Advocate
(Expert) 23 June 2013
you have not stated when the below bench mark case occurred.
You have not stated when it was conveyed.
You have not stated whether you represented against this.
You have not stated what was the decision of representation.
You have not stated whether this representation was by competent authority ( the authority who who was in chain of command at the relevant time).
You have not stated when the DPC was held.
You have not sated for which years vacancy the DPC was held.
You have not stated whether bench mark for the post was "good" or "VERY GOOD".
You have not stated whether it was selection or non selection post.
You have not stated whether CAT order is within three months limitation for challenge.
Without these facts no worthwhile advise can be given.
Sudhir Kumar, Advocate
(Expert) 23 June 2013
Irrespective of above deficiencies you questions can be attempted :-
1.What is the statutory time limit for me to appeal to high court, if any, and from which date it is calculated- from date of issuing certified copy(order is not available in website) or from date of issue of order?
Ans : Three months from date of copy.
2.Can I produce additional documents in my favour in high court or do I have to rely on the same set of documents as produced in CAT?
Ans : Cannot submit additional material other than the one you submitted in representation against adverse remarks when conveyed.
3.What is my prospect of winning this case?
Ans : without above facts the merits of your case cannot be appreciated.
4.Whether it is possible to file an appeal to Principal bench of CAT against this judgement of Calcutta Bench?
Ans No
Raj Kumar Makkad
(Expert) 23 June 2013
You are require to clarify the queries of Sudhir for more clear reply from the side of the experts.
R.K Nanda
(Expert) 24 June 2013
state full facts.
Rajendra K Goyal
(Expert) 24 June 2013
in the given facts agreed with the views of expert Sh. Sudhir Kumar. Any further comment can be made after receiving the reply of points raised by expert Sh. Sudhir Kumar ji.
