Law: Service Tribunals Act (LXX of 1973).

Section: 4

Service Tribunals Act (LXX of 1973) S. 4-ScopeAnnual confidential reports-Adverse remarks-Relevant to terms and conditions of service-Matter within jurisdiction of Tribunal. Although the periodical assessment of work of a civil servant does not constitute service condition, but his confirmation on a post and promotion and advancement which constitute service conditions are directly affected by these reports. Consequently, the A. C. Rs. become relevant to the terms and condi tions of service. Although it is not the intention of the provisions of the Civil Servants Act to interfere in the administrative discretion of the reporting authority, there is another important consideration which has to be taken into account. It has to be seen whether the report initiated and countersigned on the work of a civil servant has been prepared according to the rules, prescribed on this behalf as amended from time to time, and the applicable instructions and directive. If there is some violation of these orders and rules, the matter comes within the jurisdiction of the Tribunal to go into facts and merits of the case concerning the A. C. Rs. Date of hearing : 4th February, 1980.                                                                                                                                ORDER N. A. CHOUDHURY (MEMBER). This is a case where Mr. S. Qasim Ali Rizvi has made an appeal against the adverse remarks made in his A. C. R. S. by the competent authority. The report was initiated by his immediate officer on 13-1-79 in respect of the performance up to the 31st December, 1979. The Admn. Officer signed this report on 10-9-79. The remarks were communicated to the appellant on 3-10-75. A representation to the Chief Engineer who was the countersigning officer in the case was submitted on 14-10-79, which was rejected on 26-12-79. This appeal was filed…