Lost acr
sunil
(Querist) 28 May 2013
This query is : Resolved
This is a case where the ACR is lost, the evaluation by the Departmental Promotion Committee is available. Can I file an FIR against the officer in charge of ACRs who is responsible for the loss?. Its a confidential document and only the authorized persons have access to it.
If Yes, under what sections of IPC?
Guest
(Expert) 28 May 2013
Dear Sunil,
If the ACR is related to you, the question would arise, how you could come to know about the loss.
The question of loss cannot arise if you have proof that the ACR was duly sent to the concerned authority with due acknowledgment or movement noted in official record. it can either be intentional hold up of the ACR or be a clear case of carelessness and dereliction of duty on the part of the custodian of the CR file. In both the cases a disciplinary action is called for against the concerned authority for his irresponsible and deliberate act for such misplacement or hold up from the DPC. In that case you may better report the matter to the higher authorities or the CVC for necessary action against the officer concerned.
Besides, you can also take legal action for criminal conspiracy, intentional cheating, fraud and criminal breach of trust on the part of that Officer, provided you have ample proof against him about such act, as court insists on proof, rather than presumptions. Naturally, your own oerceotion cannot be considered as instances of proof against that officer. But before initiating any legal action, you will have to serve a notice u/s 80 CPC to the Head of your department, as the case pertains to the official duties of the concerned authority.
However, for the purpose of DPC, past ACR for equivalent period of missing ACR period could have been submitted by the office for the consideration by the DPC.
sunil
(Querist) 28 May 2013
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. I invoke the maxim ‘Res ipso Loquitur’
And thank you for being so prompt and so insightful.
Guest
(Expert) 28 May 2013
You can take initiative for three-pronged action separately, (1) Representation for review DPC, (2) representation for disciplinary action against the custodian of your ACR for his negligence, cheating and moral turpitude being irresponsible for loss or concealment of the confidential document, and (3) legal action against the custodian of your ACR for criminal conspiracy and criminal breach of trust.
Sudhir Kumar, Advocate
(Expert) 25 July 2013
connect http://www.lawyersclubindia.com/forum/Error-apparent-on-the-face-of-the-record-81565.asp#.UfE2TazQzmk
