Prior to the period 2008-09 only adverse remarks in the ACRs had to be communicated to the concerned officer. So, the ACRs of period prior to the period 2008-09 would not have been communicated to the employee unless it’s adverse. But if his promotion is to be decided based on the ACRs of previous years which are below benchmark then the employee is denied the fair chance of representing before the competent authority relating to his ACRS which were below benchmark.
Now in this OM No: 21011/1/2010-Estt.A dated 13.04.2010 this aspect has been taken care of by deciding that if an employee is to be considered for promotion based on ACRs prior to the period 2008-09 which are below the benchmark the employee will be given a copy of the relevant ACR for his representation if any within 15 days of such communication.
In the other decision with respect to APARs Government has directed the competent authority meant for considering the representation of employees relating to below benchmark/adverse APARs to get the views of reporting and review officer if they are in service for deciding the representation of the employees
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