Dear Experts,
I am in a unit of Govt of India, and at a senior position. Through RTI, I got all my ACRs. I found that I have been given very low gradings and my ACRs contain extremely damaging remarks & recommendations, which were never communicated to me, and they are absolutely false and baseless. I have been severely suppressed, which delayed my promotions despite my exemplary contributions.
I made my detailed representation to Competent Authority through proper channel, where submitted that each of the individual remarks and recommendations in each of my ACRs against me are arbitrary, illogical, absolutely false, baseless, prejudiced or/and personally malafide to justify the low gradings, and to severely undermine my contributions which are in fact exemplary. I exposed serious irregularities in the system. I requested for expungation of all such remarks, upgradation of my gradings, retrospective promotions and a fair compensation for the damages and mental torture to me. I also requested to forward my said representation to PMO.
The Competent Authority did not give me any relief and wrote that he did not find any reason to alter anything in my ACR Dossier. He further wrote that I have made allegations against my superiors hence the matter being referred to Head of the Administration, for suitable action.
After a few weeks, the Head of the Administration sent me a Show Cause Memo, stating that he found that the allegations made by me against my superiors, such as manipulation of my ACRs by them, Mental torture and unfair treatment to me and non—recognition of my work, were found factually incorrect; and making false and baseless allegation is a misconduct under Rule 3 Sub rule 1 (iii) of the CCS Conduct Rule 1964, and unbecoming of a Govt. servant. He asked me to explain within 10 days why disciplinary action should not be taken against me.
Taking help of contradiction in his Memo, I could prove that the same was issued to me without actually verifying any fact, and his quoted conduct rule is not violated in my case.
Within 15 days of my reply, he sent me another Memo, asking me to substantiate the allegations made by me, within 10 days, otherwise necessary action, as deemed fit, would be taken against me. (This time he neither mentioned about disciplinary action nor did he quote any rule.)
Within the stipulated time, I substantiated all the points which he had initially claimed to have found factually incorrect. I also proved with documentary evidence that my superiors had indeed tampered with my ACRs, had given me severe mental torture; and they also made use of some bogus documents to contradict my aforesaid representation, which they had addressed to Competent Authority. I requested him to withdraw the said two Memos.
I understand that a colleague of mine wrote to the Competent Authority that he heard my superiors to conspire to get me killed, which is an extremely serious matter; however, he was forced to withdraw his statement.
In my office I am being severely victimized by my superiors. I have been completely isolated and my further APAR has been damaged.
It is six months now, I have not got any reply to my submission against the said second Memo from anyone.
My queries are;
1) Does it mean that they have accepted my reply to the Show Cause and the other Momos, and the Memos are deemed withdrawn?
2) Can they revoke their aforesaid Memos to me, even after keeping mum for six months? Is there any time limit for them to reply/act?
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.
4) Should I move to court now?
5) If, yes, then to which court(s) and with what prayers? What are the chances for getting me promotions from back dates?
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? 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?
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.
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?
9) Is there any other agency or NGO, who can help me?
I shall be extremely obliged for a detailed guidance in this matter. Please help.