No.11059/18/2002-AIS-III
Government of India
Ministry of Personnel, PG &Pensions
Department of Personnel & Training
____
New Delhi, the 19th April, 2005.
To
The Chief Secretaries
All the State Governments
Sub: - AIS(CR) Rules-1970-Instructions under Rule 8(2) of AIS(CR) Rules, 1970 – regarding adverse remarks
Attention is invited to Rules 8, 9 & 10 of the All India Services (Confidential Roll) Rules, 1970 which provide for communication of adverse remarks and procedure for representation against adverse remarks.
1.2 Rule 8(2) provides that where the Reporting Authority, the Reviewing Authority or the Accepting Authority records an adverse remark, he shall also record a note to the effect that the remark is an adverse remark. It further provides that the question whether a particular remark recorded in the Confidential Report of a member of the service is adverse or not shall be decided by the Government.
1.3 The explanation below Rule 8 (2) of AIS (CR) Rules, 1970 further provides that for the purpose of these rules "an adverse remark means a remark which indicates the defects or deficiencies in the quality of work or performance or conduct of an officer, but does not include any word or words in the nature of counsel or advice to the officer".
1.4 Rule 9 provides for representation against adverse remarks. Rule 10 of the said rule provides for consideration of a representation submitted by a member of Service against an adverse remark and passing orders (a) rejecting the representation, or toning down the remark or (b) expunging the remark.
2. Keeping in view the suggestions and representations received by this Department from members of the Service, it has been decided to lay down the following criteria in regard to writing of the Confidential Reports and communication of adverse remarks under proviso below Rule 8(2):
(i) Where an entry is adverse it should be communicated to the member of the Service. The overall grading should however, not be communicated.
(ii) Even if the entire adverse remarks of Reporting/ Reviewing/Accepting Authorities are expunged by the Government, the overall grading shall remain unchanged. However, the Empanelment Committee or the Departmental Promotion Committee, as the case may be, shall take due note of such expunction and may redetermine the overall grading for the period in question if it considers that the expunction of the adverse remarks has so altered the quality of the ACR as to merit regrading.
(iii) In any case where an entry is downgraded or upgraded, the authority downgrading or upgrading the remark and overall grading should state, as part of the entry, the reasons for downgrading or upgrading with adequate justification in accordance with the instructions on the writing of the ACR.
(iv) Where the authority has upgraded/downgraded the overall grading without giving sufficient reasons, the Government shall treat such an exercise as non-est/invalid. General terms, such as "I agree or disagree with the Reporting Officer/Reviewing Officer" used by the Reviewing/Accepting Authority shall not be construed as sufficient reason for upgrading/downgrading the overall grading given by the Reporting Authority/Reviewing Authority.
3. The above instructions may please be brought to the notice of all concerned.
Yours faithfully,
(G.C.Pandey)
Under Secretary to the Government of India
TeleNo.23092285
Copy to:
(1) All Ministries and Departments of Government of India
(2) Ministry of Home Affairs
(3) Ministry of Environment & Forests
(4) E.O Division
(5) All officers in the DOPT