adverse entry

1

ADVERSE ENTRYDerived 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 – to be 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 AND IRREMEDIAL ADVERSE ENTRIES

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

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

LETTERS OF APPRECIATION

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)