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No. 21011/1/2006-Estt. (A) Govt. of India Ministry of Personnel, PG & Pensions Department of Personnel & Training

The document is an office memorandum from the Government of India's Ministry of Personnel, PG and Pensions regarding communicating adverse entries or remarks recorded in annual confidential reports (ACRs). It states that current instructions require adverse remarks in ACRs to be communicated to officials for improvement and they can submit representations. However, the overall grading in ACRs should not be communicated even if it is below the promotion benchmark. It also notes a Supreme Court ruling found another court judgment on ACRs did not have universal application. All departments are requested to properly defend any legal challenges regarding communicating adverse remarks in ACRs based on this Supreme Court ruling.

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Mohammad Zeeshan
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50 views

No. 21011/1/2006-Estt. (A) Govt. of India Ministry of Personnel, PG & Pensions Department of Personnel & Training

The document is an office memorandum from the Government of India's Ministry of Personnel, PG and Pensions regarding communicating adverse entries or remarks recorded in annual confidential reports (ACRs). It states that current instructions require adverse remarks in ACRs to be communicated to officials for improvement and they can submit representations. However, the overall grading in ACRs should not be communicated even if it is below the promotion benchmark. It also notes a Supreme Court ruling found another court judgment on ACRs did not have universal application. All departments are requested to properly defend any legal challenges regarding communicating adverse remarks in ACRs based on this Supreme Court ruling.

Uploaded by

Mohammad Zeeshan
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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No. 21011/1/2006-Estt.

(A)
Govt. of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
New Delhi, 28th March, 2006
OFFICE MEMORANDUM
Subject: Communication of adverse entries/remarks recorded in the ACR.
The undersigned is directed to state that in accordance with the existing
instructions of this Department, adverse entries/remarks recorded in the ACR of the
official have to be communicated to him for further improvement in his performance and
the official concerned has also an option to make a representation against the adverse
remarks within the prescribed time limit. According to the existing instructions, the
overall grading given in the ACR should however, not be communicated even when the
grading given is below the bench mark prescribed for promotion to the next higher grade.
The overall grading recorded in the ACR has also not to be changed in any way even
after the expunction of the adverse remarks either fully or partially by the competent
authority.
The Honble Supreme Court has declared in its judgement, dated 22.11.2005 in
UOI and Anr. Vs. Major Bahadur Singh (Civil Appeal No. 4482 of 2003) that the
judgement of the court, dated 31.1.1996 in UP Jal Nigam and Ors. Vs. Prabhat Chandra
Jain and Ors. SLP (Civil) No.16988/95 has no universal application and the judgement
itself shows that it was intended to be meant only for the employees of UP Jal Nigam.
All Ministries/departments are accordingly requested to ensure that any
challenge to the existing instructions of this Department in regard to the communication
of adverse remarks in any court taking shelter in the Supreme Court judgement in UP Jal
Nigam or any other judgement based on UP Jal Nigam judgement is properly defended
keeping in view the above declaration of the Supreme Court in UOI vs. Major Bahadur
Singh.

DY. SECRETARY TO THE GOVT. OF INDIA


To:
All Ministries/Departments of Govt. of India

Copy to:
1.
Comptroller & Auditor General of India, New Delhi
1.
2.
3.
5.
6.
7.
8.
9
10

Union Public Service Commission


Central Vigilance Commission, New Delhi
Central Bureau of Investigation, New Delhi
All Union Territory Administrations
Lok Sabha/Rajya Sabha Secretariat
All attached and subordinate offices of the Ministry of Personnel, PG and Pensions
All officers and sections in the Ministry of Personnel, PG and Pension
NIC (DoP&T) for placing this Office Memorandum on the website of DoP&T
Hindi Section for Hindi version of the OM.

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