Need help- acrs representation rejection & show-cause notice

You appear to have voluntarily spoiled your case very badly (perhaps beyond repair). 

You have not stated what made you to seek ACR  in RTI.  It is duty of the deptt to ensure that adverse remarks are timely communicated.

When the adverse ACR was not communicated what fun did you derive by getting the same under RTI and correct mistake of the Deptt. Uncommunicated adverse entries cannot be considered in promotion and you deprived yourself of the benefit of the same.   As bail mujhe maar.

Your questions :-

1)    Does it mean that they have accepted my reply to the Show Cause and the other Memos, and the Memos are deemed withdrawn?

               Ans : certainly Not.

2)    Can they revoke their aforesaid Memos to me, even after keeping mum for six months?

               Ans : Yes

Is there any time limit for them to reply/act?

               Ans : No

3)    The Competent Authority should have decided on my representation only after getting verified what he had termed as the allegations. Under the circumstances his decision to reject my representation is unfair and apparently to protect my superiors who are actually indulged in serious irregularities. It is also apparent that under his instruction I was given the Show Cause Memo, so as to tremendously pressurize me to withdraw my submission against my superiors. I understand that my aforesaid colleague withdrew in a similar situation.

               Ans : Query is not clear. It is clear that you know that your conduct was irregular.  A Govt servant is not authroised to follow illegal orders.

4)    Should I move to court now?

               Ans : Yes.  Your representation is rejected.

5)    If, yes, then to which court(s) and with what prayers?

               Ans :  CAT. What prayer you should make, should not be advised unless someone see whole set of papers.

What are the chances for getting me promotions from back dates?

               Ans : Full if you win. Nil if you lose

6)    As they did not forward my representation to PMO, if I send the same to PMO on my own, what would be the consequences?

               Ans : There will be no benefit of such representation.

Can I also write to Human Rights Commission (HRC) for the harassment. Will any disciplinary action be taken against me for sending it to PMO or to HRC?

               Ans : HRC will do nothing. PMO may also do nothing

7)    Can I file an FIR against my superiors, for what my colleague wrote about their intention, and for severe harassment to me? My superiors are above the ranks of Joint Secretary in Govt. of India.

               Ans : You have failed to get the same expunged and landed in trouble due to repulsive action and language.  It is very rare that after rejection of representation on ACR a proposal is muted for disciplinary action.  Needless to say that you representation may have been highly offensive.  Some persons write their representation not to win a favour but to vent out their feelings against other person and the other person is left with no choice but to react and defend allegation.

8)    I prepared my said representation on basis of Supreme Court Judgment (Dev Dutt Vs. UoI & Ors). Under the circumstances, do their such acts amount to Contempt of Supreme Court? If so, then can I file a Contempt of Supreme Court?

               Ans : certainly Not.

9)    Is there any other agency or NGO, who can help me?

               Ans : Your queries are least expected of a Govt servant. You intend to plan much trouble for you by violating Rule 20 of CCS(Conduct) Rules.

Thank you Sir, you for help.

Seeking ACRs under RTI was to make a submission for retrospective promotions. The following made me seek ACRs  in RTI:

1)      My Immediate Superior had uttered in an official meeting (where many others were also present) – “Your previous superiors have deliberately damaged your ACRs. They are close to us, and I had to support them; so, I had to damage your further ACRs, which led to delay in your promotion”.  

2)      I had communicated the aforesaid admission of my superior to the Competent Authority;  I had also explained why my contributions were exemplary throughout;  and on basis of the same I had requested for retrospective promotion; however, it was not replied to me.

3)      Then, after a month I sent a reminder, and requested for disclosure of my ACRs, which was also not replied to.

4)      Then only I sought copies of my ACRs under RTI, which PIO denied. I had to appeal further to get the copies of my ACRs.

5)       Then I found that such damaging (non-communicated) remarks & recommendations were used as the basis for assigning me low gradings (which led to delay in my promotions).  

As, I have mentioned, each of the individual remarks and recommendations against me in my ACRs are arbitrary, illogical, false, baseless, prejudiced or personally malafide, with a view to justify the low gradings, and to undermine my contributions; and I tried to prove the same in my said representation, so as to justify my request for the upgradation of the gradings and retrospective promotions.

 It was not my aim to vent out my feelings. However, in process of defending myself against such false and malafide remarks, and thus low gradings, I had to write against my superiors, which has been offensive.

 In my Query No. 3,  what I mean to say that the final decision on my representation should have been taken only after ascertaining my grievances against my superiors (which they termed as allegations). Verifying my grievances after rejecting my representation serves no purpose, gives me no benefit, and the same defeats the very purpose of representation.  Please oblige me by clarifying your view on the same. (Query)

(Query) In your reply to Query 3, it is not clear to me what illegal orders I followed, and why my conduct was irregular. Please oblige me by clarifying the same.

As  I mentioned, it is six months now, I have not got any reply to my submission against the said second Memo from anyone.  In order to take any action against me, I understand that they have to charge-sheet me, and then conduct an inquiry.

(Query) Is there no time limit for them to prepare a charge-sheet  against  me and conduct an inquiry?

(Query) After I move to CAT, is it possible that they will revoke their Memos for action against me?

(Query) If I lose the case in CAT, what action is anticipated against me, by them?

Please reply.

Best Regards

It appears from the facts given by you that you have diligently spoiled you case beyond repair.

It was the obligation of the department to communicate adverse entries to you. The department did not communicate adverse entries. These should have been communicated to you within one month of recording.  Such entries could not have been used by them.  Mere non-communication also indicates that deptt did not consider these entries as adverse. It was their stupidity and you should have benefitted out of the same. But you perhaps believe in “aa bail mujhe maar”

But  No. You worked hard to correct their mistakes:-

(i)                   You sought copies in RTI and got these entires communicated to you.  You spent at least Rs 10/- for this.

(ii)                 You decided these entires to be adverse and represented.

(iii)                You probably represented unprofessionally.

(iv)               You sought expunction of remarks from competent authority and also expected the representation for by put up to PMO,  I do not understand why?

(v)                 You submitted representation in such a manner that not only this was rejected but proposal was considered for initiation of disciplinary action (which was probably not there when this project was initiated by you).

Your fresh queries are attempted as under:-

 In my Query No. 3,  what I mean to say that the final decision on my representation should have been taken only after ascertaining my grievances against my superiors (which they termed as allegations). Verifying my grievances after rejecting my representation serves no purpose, gives me no benefit, and the same defeats the very purpose of representation.  Please oblige me by clarifying your view on the same. (Query)

Ans : Anyone having sympathy with you should not give any reply to this query without seeing the papers

(Query) In your reply to Query 3, it is not clear to me what illegal orders I followed, and why my conduct was irregular. Please oblige me by clarifying the same.

Ans : You yourself said that you were compelled to withdraw the representation. Nobody gets compelled so easily unless here is some material against him

As  I mentioned, it is six months now, I have not got any reply to my submission against the said second Memo from anyone.  In order to take any action against me, I understand that they have to charge-sheet me, and then conduct an inquiry.

(Query) Is there no time limit for them to prepare a charge-sheet  against  me and conduct an inquiry?

Ans : Not at all. Chargesheet can be served in afternoon of retirement.

(Query) After I move to CAT, is it possible that they will revoke their Memos for action against me?

Ans : No it is possible they may press charges. Why should they withdraw and give you  more spare time to trouble them.

(Query) If I lose the case in CAT, what action is anticipated against me, by them?

Ans : A hypothetical question.

Dear Sir,

You have not mentioned, under the circumstances what I should have done then.  Should I have not mentioned about the irregularities, and malafide remarks and actions?

Please also let me know how my case can be saved now.  PLEASE ADVISE REMEDIES.  I NEED HELP.

I have not withdrawn anything, rather I substantiated whatever they asked me to do, which is six months back. They have not replied since then.

SHOULD THE IRREGULARITIES POINTED OUT IN A REPRESENTATION BE VERIFIED BEFORE DECIDING ON THE REPRESENTATION (rejection, in my case) OR NOT?

What is the legal santity of verifying the stated irregularities after rejecting the representation, unless the purpose is/was to make the applicant withdraw the same (and that is why the first Memo says “after verifying the facts, your allegations were found to be false and baseless”, which I contradicted by substantiation, tp which they did not reply)?

Please reply.

I also request views of other experts on these issues.

Also, any information under RTI is provided by PIO, and not by the Communicating Authority. The stamp on the pages also says-“Information provided under RTI”. Any disclosure under RTI should not be deemed as communicated to me.  IS IT CORRECT or NOT?

Through RTI only I could confirm that what my superior had uttered, was indeed true.

When adverse remarks were not communicated to you by department these carried no meaning in the eye of law and there was absolutely no need whatsoever for you to correct the mistake committed by you Initiating officer and reviewing officer. 

They acted unprofessionally and did not know how to fix you.  You have corrected their mistake.

Any one having any sympathy for you should not utter even a single word of advise without seeing the papers.

Now you are asking what you should hve done. There is no use telling it now you have lost the train.  But still I am telling so that some other person in your frame may nto spoil his case. 

You should have kept quite. Any remark uncommunicated to you is not adverse remakr and cannot under any circumstances be a reason to deny any promotion to you. You should have taken benefit of the stupidity of you enemies.  But you went on reampage and helped them the most.

When you present boss publically uttered these words that he will spoil ACR just because he is close to ex-boss (who spoiled ACR).  hehd publically shown his bais and you should have submitted bias petition that requesting him to be denied power to write your report.  In such case even you had a ground to move to Court. But you apparently have closed this option

In case you were keen to report irregularities you should have written to CVC without waiting for the ACR coming to you.  It was highly worng on your part to choose battlefield in your kitchen garden.  It appears you knew the irregularities and were hiding it. Your blast after ACR episode reduces the credibility.

Then you were given a memo which youdefine as stating that "“after verifying the facts, your allegations were found to be false and baseless”"  In such situation it was reuired to seek the documents on basis of inferece of baselessness is made.  it was now the RTI was to be pressed to get the details of investigation leading to the memo.  Apparenly you just replied.  

Dear Sir,

Thank you for reply.

It would not have been wise to write to CVC on someone’s  verbal admission, without confirming the irregularities; so first I wrote to my  authorities. When I did not get any reply, I sought for information through RTI, which exposed irregularities.

Non-communication of an adverse remark, if any, is a malafide act (Please express your views); and if so, then any adverse remark, which I have endorsed, as you said,  is a malafide act, so as to justify low grading. And if the same is not adverse, then they have no reason to give me low grading.

Ou have said- “hehd publically shown his bais and you should have submitted bias petition that requesting him to be denied power to write your report”. I did, but no effect.

“Your blast after ACR episode reduces the credibility.” It is not understood to me, how? Kindly elaborate.

After getting the first memo, I did exactly the same, as you have wanted. Then by an RTI query, I requested for all details which were used in deciding (a) the rejection of my representation by Competent authority, and (b) the show-cause memo.

PIO replied that the Competent  Authority decided only by reading my representation.  The Administrative Officer issued me the show cause notice without actually verifying any of the facts, and on basis of reply by my superiors against my representation. On basis of the reply of my superiors, which also I got under RTI, I substantiated by facts and figures, that the statements made by them in their defence and against me, are absolutely false and baseless; they have made use of even fake documents; they had conspired for a disciplinary action against me earlier also, which did not materialize. Now it is six months, and I have no reply. DOES IT NOT MEAN WHAT I HAVE WRITTEN IN MY REPRESENTATION ARE  (which I further substantiated to Admn Officer) FACTS, WHICH THEY COULD NOT DISPUTE? Please reply to it.

(Query) Is it possible for anyone to decide on any representation in a fair and unbiased manner without verifying the stated irregularities, and without impartially comparing the work output stated in the ACRs with his/her colleagues ?   Please elaborate your opinion on it.

Regards.

Anyone having slightest sympathy with you may not advise even a single workd without seing the papers as far as future course of action is concerned.

Your case does not appear to be total spoiled as way out could be there.

You are perhaps more interested to argue on correctness of your past action.  It is your choice. Your fresh queries  on the past action is responded as under:-

It would not have been wise to write to CVC on someone’s  verbal admission, without confirming the irregularities; so first I wrote to my  authorities. When I did not get any reply, I sought for information through RTI, which exposed irregularities.

 Ans : CVC is nobody to decide your ACR matter.  I never advised you to approach CVC for expunction of ACR.

You are claiming to have reported many irregularities against senior officer which you say are being ignored by deptt.  CVC a body competent to receive complaint from you on any irregularity noticed by you in the organisaions irrespective of the fact :-

(i)          Whether or not you have adverse report.

(ii)        Whether or not you got copy of it.

(iii)       Whether or not someone disclosed it in the meeting that he will also spoil your report.

Non-communication of an adverse remark, if any, is a malafide act (Please express your views); and if so, then any adverse remark, which I have endorsed, as you said,  is a malafide act, so as to justify low grading. And if the same is not adverse, then they have no reason to give me low grading.

Ans : No prima-facie non-communication of adverse remarks is more stupidity than malafide.   If you would have been wise enough you should have taken advantage of this stupidity.  But you yourself got it communicated.

As long as remarks are not communicated these are not adverse in the eye of law.  

Ou have said- “hehd publically shown his bais and you should have submitted bias petition that requesting him to be denied power to write your report”. I did, but no effect.

“Your blast after ACR episode reduces the credibility.” It is not understood to me, how? Kindly elaborate.

Ans : When someone publically tells you that he will give adverse report (not on merit) but because he is friend of your earlier adversary then no doubt he expresses the bias against you.  Had you been wise you could have taken advantage of you.

You report some irregularity against someone after seeing adverse report, the it is prima-facie a retaliatory action.

After getting the first memo, I did exactly the same, as you have wanted. Then by an RTI query, I requested for all details which were used in deciding (a) the rejection of my representation by Competent authority, and (b) the show-cause memo.

PIO replied that the Competent  Authority decided only by reading my representation.  

Ans : If you feel that the representation is irregularly rejected then meet the nearest available service lawyer.

The Administrative Officer issued me the show cause notice without actually verifying any of the facts, and on basis of reply by my superiors against my representation. On basis of the reply of my superiors, which also I got under RTI, I substantiated by facts and figures, that the statements made by them in their defence and against me, are absolutely false and baseless; they have made use of even fake documents; they had conspired for a disciplinary action against me earlier also, which did not materialize. Now it is six months, and I have no reply.

DOES IT NOT MEAN WHAT I HAVE WRITTEN IN MY REPRESENTATION ARE  (which I further substantiated to Admn Officer) FACTS, WHICH THEY COULD NOT DISPUTE? Please reply to it.

Ans : No certainly not.  

They are expected to be collecting better evidence against you to counter your allegations.  They are expected to looking for more lapses against you. They are expected to generate complaints from subordinates/public etc against you.

(Query) Is it possible for anyone to decide on any representation in a fair and unbiased manner without verifying the stated irregularities, and without impartially comparing the work output stated in the ACRs with his/her colleagues ?   Please elaborate your opinion on it.

Ans :  Representation against ACR is not a forum to vent out irregularities.  In this representation you have to justify your own actions.

If you knew that your senior officers are indulging in irregularities you should have reported long back. You could have written direct to CVC.