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Adverse remark

(Querist) 02 August 2015 This query is : Resolved 
Dear Sir, I am serving with one of CAPF. My APAR for year 2013-14 is excellent. I got transferred in June 2014 to new Bn. There, from June to November I was adjutant of Bn, participated in National events and completed one professional course also. The reporting authority remarked as "SOMETIMES HE FABRICATE THE FACTS AND MISGUIDES THE SENIORS" in pen picture column. Based on it, he kept my APAR below benchmark. The reviewing and accepting authority has done it"ZERO". Before this i never got a single advisory or memo from seniors in service of five years. In this posting, The commandant has attached 12 memos in my personal folder without seeking a single explanation.
2. I got transferred again to new place in Nov 2014, the remaining period APAR is very good at new place.
3. He filled my APAR in May 2015 and also sent my personal folder after a delay of almost SIX months with back dated memos.
4. He has also put photo copies of my file noting in my personal folder, is it against official secrecy ACT .
I request you to guide... what should I do.
Sudhir Kumar, Advocate (Expert) 03 August 2015
Have you appealed against the APAR with 15 days of communication?
Rajendra K Goyal (Expert) 03 August 2015
Consult local lawyer dealing in service matters and show him full case file.
Guest (Expert) 03 August 2015
Yours is a mixture of description about your transfers and APARs and asked what to do without specifiying on which specific problem you want guidance.

So, please be clear, on what issue exactly you want help and of which nature.
Sudhir Kumar, Advocate (Expert) 03 August 2015
I repeat


Have you appealed against the APAR with 15 days of communication?
Devi Singh (Querist) 04 August 2015
@ Sudhir Sir, i have represented it within time limit.
2. @Dhingra Sir, Issue is APAR, I have described whole incidence for better understanding only.
3. Will my promotion get affected,it is due in next two months only.
Regards
Guest (Expert) 04 August 2015
Dear Devi Singh,

If the issue is APAR and already represented to the designated competent authority against the adverse remarks in the APAR, you will have to wait for the decision of the competent authority. In almost all the disputed APAR cases the competent authority takes decision before the DPC is held.

Adverse remarks always have the effect in promotion of the employee, unless the remarks are duly expunged by the competent appellate authority.
P. Venu (Expert) 04 August 2015
Le the representation be decided. If the decision is not in your favour, you may seek judicial remedy.
Sudhir Kumar, Advocate (Expert) 04 August 2015
if you have represented within time then atleast wait for some reasonable period.
T. Kalaiselvan, Advocate (Expert) 12 August 2015
Well advised by experts, the author may follow the suggestions made.
Guest (Expert) 12 August 2015
Dear author you have been Well Advised Eight Days Back And Nothing to Add More


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