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ADVERSE ENTRY

ADVERSE ENTRY. Derived definition not capable of precise definition, its reflections receive its connotation from the context, in which it occurs its ambit to be construed with reference to the subject-matter and the regard being had to the purpose it seeks to serve. . CONFIDENTIAL REPORTS.

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ADVERSE ENTRY

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  1. ADVERSE ENTRY Derived definition • not capable of precise definition, its reflections receive its connotation from the context, in which it occurs • its ambit to be construed with reference to the subject-matter and the regard being had to the purpose it seeks to serve.

  2. CONFIDENTIAL REPORTS Purpose and Importance • basic inputs on the basis of which assessment about the efficiency and conduct of a Government servant is made • Assessment of CRs is the main criteria for Confirmation, Promotion

  3. ADVERSE ENTRY Necessity • Laxity in work erodes discipline in the service causing serious effect in the maintenance of proper work culture • To enforce maintenance of absolute integrity and devotion to duty

  4. ADVERSE ENTRY Circumstances under which it can be awarded • dereliction of duty • misconduct

  5. ADVERSE ENTRY-circumstantial definitions • if the reporting officer records along with reasons against the column provided that the self-appraisal contains too much of self-praise • despite warning the officer has not improved, R.O. criticizes the officer • adverse comments can be of a general nature, as for example, inefficiency, delay, lack of initiative, judgment

  6. ADVERSE ENTRY-circumstantial definitions • if grading as ‘Fairly Good’ is remarked against punctuality column it is taken as adverse • Any grading below ‘Good’, may be in any form like ‘Below Average’, ‘Fairly Good’ or ‘Substandard’ are referred as adverse entry • above list only illustrative and not exhaustive

  7. GUIDELINES-Adverse entries in CRs • Communication of adverse entries • All adverse entries CR, on performance as well as on basic qualities and potential, should be communicated along with a mention of good points within one month of their being recorded by the officer recording them • Entries which are accepted by Reviewing Officer, are to be communicated • Substance of the entire report including what may have been stated in praise of the officer should also be communicated

  8. CONFIDENTIAL REPORTS Objectives • to improve the performance of the subordinate in his present job • to assess his potentialities and provide him appropriate feed back and guidance for correcting his deficiencies and improve his performance.

  9. GUIDELINES-Adverse entries in CRs • Remarks about the physical defects not be communicated • Forwarding memo communicating adverse remark to be in language to show constructive criticism • grading of the officer to be done on the basis of the general remarks in the report In cases of suspicion regarding integrity, entry in the integrity column be made only after definite and distinct articles of charges have been framed.

  10. GUIDELINES-Adverse entries in CRs • identity of the officer making the adverse remarks • should not normally be disclosed • representation against adverse remarks should be allowed • within one month of their communication • Representation against adverse remarks • before immediately superior to the countersigning authority

  11. GUIDELINES-Adverse entries in CRs • Time limit for disposal of representation - within three months • If remarks justified and the representation is frivolous - note be made in the CR “that the official did not take the corrections in good spirit”. • If remark inspired by malice - competent authority to score through the remarks under intimation to all concerned

  12. GUIDELINES-Adverse entries in CRs • If remarks toned down - necessary entry separately with proper attestation at the appropriate place of the report to be made • If penalty set aside on appeal or review - adverse remarks recorded on the basis of the penalty, should be expunged

  13. GUIDELINES-Adverse entries in CRs In case the adverse remarks are neither diluted, toned down or expunged – • disciplinary action be initiated in the case • promotional opportunities cannot be denied • official is rewarded penalty - case will be considered for promotion only with prospective effect and not retrospectively as in the cases where the adverse remarks are toned down or totally expunged

  14. GUIDELINES-Adverse entries in CRs • Non-communication of adverse entry– tobe noted by the DPC while assessing the suitability of the officer for confirmation or promotion. • Time-limit for filing appeal against rejection of representation - six months after such rejection.

  15. GUIDELINES-Adverse entries in CRs • Result/ Performance oriented appraisal system • Every answer in the Report shall be given in a narrative form • Words and phrases to be chosen carefully to accurately reflect the intention of the officer recording the answer

  16. GUIDELINES-Adverse entries in CRs • detailed facts be narrated to substantiate the adverse remark • Reporting Officer to assign targets to each of the officers so as to judge performance at the end of the year • degree of stress and strain in any post to be considered while writing report

  17. Remedial Irremedial Cases where the adverse remarks are toned down or totally expunged by the authorities, on fair and proper appreciation of the facts of the case When, the explanation offered by the official against the ‘adverse remarks’ is not acceptable to the specified authorities REMEDIAL AND IRREMEDIAL ADVERSE ENTRIES

  18. REMEDIAL AND IRREMEDIAL ADVERSE ENTRIES- in the context of promotions From ACRs DPC ascertains • suitability of a Government servant for consideration for promotion • capabilities and integrity of the officer concerned • if in the column of ‘Integrity’ doubts expressed by the Reporting or Reviewing Authorities - treated as adverse entry by the DPC

  19. REMEDIAL AND IRREMEDIAL ADVERSE ENTRIES- in the context of promotions If, as a result of the follow-up action, officer is exonerated and adverse remarks are expunged- • his integrity should be certified • not necessary that the grading be revised in all cases

  20. REMEDIAL AND IRREMEDIAL ADVERSE ENTRIES- in the context of promotions When adverse remarks toned down or expunged subsequent to consideration by the DPC, and DPC finds the officer fit for promotion • The Government servant be placed in the relevant select list for promotion • should be promoted immediately • pay should be fixed under Fundamental Rule 27 at the stage it would have reached, had he been promoted but no arrears would be admissible

  21. REMEDIAL AND IRREMEDIAL ADVERSE ENTRIES- in the context of promotions Supreme Court in the case of Union of India Vs. K.V. Janakiraman [1992 (1) ATJ 371] • Cases where disciplinary action is initiated and the official is rewarded penalty, his case will be considered for promotion only with prospective effect and not retrospectively as in the cases where the adverse remarks are toned down or totally expunged

  22. Circumstances in respect of any outstanding work done expressing appreciation for a Government servant by name expressing appreciation for services rendered far beyond the normal call of duty Authorities Secretary or Head of Department special bodies or Commissions or Committees From individual non-officials or from individual officials (other than a Secretary/ Head of Department) LETTERS OF APPRECIATION

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