ANNUAL PERFORMANCE APPRAISAL REPORT

khemka-case:-court-rubs-khattar's-nose-in-dirt-of-his-deed

Khemka case: Court rubs Khattar's nose in dirt of his deed

In this website, we have always advised the political administration to keep their dirty hands off from interfering in the career of civil servants; especially, the whistleblower officers. But Haryana CM Manoharlal Khattar and Union Health Minister JP Nadda are made of Congress cast and hence refuse to mend their behavior. One tried to harm the career of IAS officer Ashok Khemka by lower grading in the annual performance report; another did the same thing to Sanjiv Chaturvedi. And both, through their below-contempt deeds, have invited nice strictures from the courts.

 

On Monday, the Punjab and Haryana High Court rejected the adverse remarks made by Chief Minister Manohar Lal Khattar in Ashok Khemka’s performance appraisal report, asserting that senior IAS Officer’s “integrity is beyond doubt” and he needs to be protected from the damage being done to his career.

 

A division bench of Justices Rajiv Sharma and Kuldip Singh said, “We are of the view that a person of such professional integrity needs to be protected as the professional integrity in our political, social and administrative system is depleting very fast.”

 

The Court added, “Since the number of such officers whose integrity is beyond doubt and who have professional integrity of higher standard is depleting very fast, therefore, they need protection from being damaged by recording adverse remarks against the record.”

 

Ashok Khemka had sought the expunction of the adverse remarks made by Khattar in his annual performance appraisal report (APAR) of the year 2016-2017 and restoration of the overall grade of 9.92 as was given by the Reviewing Authority.

 

Khemka was represented by advocate Shreenath A Khemka in the matter before the High Court as well as the Central Administrative Tribunal, which in December 2018 had dismissed his application saying the accepting authority, who happens to the State Chief Minister, wrote the appraisal report within the limit prescribed under the rules.

 

Dismissing the CAT order, the division bench said, “The remarks of the Accepting Officer and the grading of 9.00 given by the Accepting Authority are hereby set aside and the opinion given by the Reviewing Authority is restored. The grading of 9.92 given by the Reviewing Authority is also restored and will prevail upon the grading given by the Reporting Authority.”

 

The division bench further said, “some of the matters are better understood than said in expressed words”.

 

“The severe constraints in which an honest and upright officer works under the political leadership are well known. There are so many pulls and pressures and the officer has to work according to the rules despite all these pulls and pressures. The Reviewing Authority has recorded that the petitioner is well known in the country for effective professional integrity under very difficult circumstances”.

18 Mar 2019
has-the-faction-feud-exposed-360-degree-method-of-evaluation?

Has the faction feud exposed 360-degree method of evaluation?

Following the high-decibel dramatic midnight developments (in CBI) several civil servants (across services/cadres/batches) have started raising questions over the 360-degree evaluation method which is not only opaque, but also contravenes the established institutional mechanism.  

 

360-degree method (verbal feedbacks as integral part of the evaluation) was started on the argument that seniors do not want to spoil their relations with juniors, hence record outstanding ACRs/APRs, even if they do not deserve. Here in CBI, the top boss, on 21 October 2017, gathered courage to object to the selection of his subordinate as No. 02 in the CBI and a year later (15 Oct 2018) filed an FIR against him. Further the second-in-command too had, on 24 August 2018, submitted a list of at least ten cases of corruption and misconduct against his chief. Further, more than a dozen of investigative officers were reshuffled at one go just to ensure natural-justice and fairplay in investigations.  

 

The Govt had to say that all it had vitiated the office eco-system of the premier investigative institution which had deep and visible impact on the overall governance.

 

Further, while sacking the top two the Govt said that ‘an extra-ordinary and unprecedented situation has arisen which demands that the Govt of India shall exercise its powers under Section 4(2) of the DPSE Act.’

 

One may recall that several senior officials (in Dept of Revenue & ED) slapped written charges on each other. A RAW officer too was found to be involved in hatching conspiracies against top officials.

 

The acts of allegations and counter-allegations were none-less than the 360-feedbacks on integrity & conduct. Surprisingly, the empanelment, selection & deployment of these senior-most officials were the outcome of 360-degree method itself which would have compelled the disgruntled officers to raise questions over the 360-method.  

 

What needs to be underlined here that Governments run on established and time-tested rules and regulations with institutional support mechanism and not on peripheral procedures with changes introduced frequently to both circumvent and override the existing institutional mechanism which invariably runs the risk of destroying the anchor of the ship and break the confidence of the participants and stake-holders. 

25 Oct 2018
khemka-case:-court-rubs-khattar's-nose-in-dirt-of-his-deed

Khemka case: Court rubs Khattar's nose in dirt of his deed

By IndianMandarins 18 Mar 2019

In this website, we have always advised the political administration to keep their dirty hands off from interfering in the career of civil servants; especially, the whistleblower officers. But Haryana CM Manoharlal Khattar and Union Health Minister JP Nadda are made of Congress cast and hence refuse to mend their behavior. One tried to harm the career of IAS officer Ashok Khemka by lower grading in the annual performance report; another did the same thing to Sanjiv Chaturvedi. And both, through their below-contempt deeds, have invited nice strictures from the courts.

 

On Monday, the Punjab and Haryana High Court rejected the adverse remarks made by Chief Minister Manohar Lal Khattar in Ashok Khemka’s performance appraisal report, asserting that senior IAS Officer’s “integrity is beyond doubt” and he needs to be protected from the damage being done to his career.

 

A division bench of Justices Rajiv Sharma and Kuldip Singh said, “We are of the view that a person of such professional integrity needs to be protected as the professional integrity in our political, social and administrative system is depleting very fast.”

 

The Court added, “Since the number of such officers whose integrity is beyond doubt and who have professional integrity of higher standard is depleting very fast, therefore, they need protection from being damaged by recording adverse remarks against the record.”

 

Ashok Khemka had sought the expunction of the adverse remarks made by Khattar in his annual performance appraisal report (APAR) of the year 2016-2017 and restoration of the overall grade of 9.92 as was given by the Reviewing Authority.

 

Khemka was represented by advocate Shreenath A Khemka in the matter before the High Court as well as the Central Administrative Tribunal, which in December 2018 had dismissed his application saying the accepting authority, who happens to the State Chief Minister, wrote the appraisal report within the limit prescribed under the rules.

 

Dismissing the CAT order, the division bench said, “The remarks of the Accepting Officer and the grading of 9.00 given by the Accepting Authority are hereby set aside and the opinion given by the Reviewing Authority is restored. The grading of 9.92 given by the Reviewing Authority is also restored and will prevail upon the grading given by the Reporting Authority.”

 

The division bench further said, “some of the matters are better understood than said in expressed words”.

 

“The severe constraints in which an honest and upright officer works under the political leadership are well known. There are so many pulls and pressures and the officer has to work according to the rules despite all these pulls and pressures. The Reviewing Authority has recorded that the petitioner is well known in the country for effective professional integrity under very difficult circumstances”.

has-the-faction-feud-exposed-360-degree-method-of-evaluation?

Has the faction feud exposed 360-degree method of evaluation?

By IndianMandarins 25 Oct 2018

Following the high-decibel dramatic midnight developments (in CBI) several civil servants (across services/cadres/batches) have started raising questions over the 360-degree evaluation method which is not only opaque, but also contravenes the established institutional mechanism.  

 

360-degree method (verbal feedbacks as integral part of the evaluation) was started on the argument that seniors do not want to spoil their relations with juniors, hence record outstanding ACRs/APRs, even if they do not deserve. Here in CBI, the top boss, on 21 October 2017, gathered courage to object to the selection of his subordinate as No. 02 in the CBI and a year later (15 Oct 2018) filed an FIR against him. Further the second-in-command too had, on 24 August 2018, submitted a list of at least ten cases of corruption and misconduct against his chief. Further, more than a dozen of investigative officers were reshuffled at one go just to ensure natural-justice and fairplay in investigations.  

 

The Govt had to say that all it had vitiated the office eco-system of the premier investigative institution which had deep and visible impact on the overall governance.

 

Further, while sacking the top two the Govt said that ‘an extra-ordinary and unprecedented situation has arisen which demands that the Govt of India shall exercise its powers under Section 4(2) of the DPSE Act.’

 

One may recall that several senior officials (in Dept of Revenue & ED) slapped written charges on each other. A RAW officer too was found to be involved in hatching conspiracies against top officials.

 

The acts of allegations and counter-allegations were none-less than the 360-feedbacks on integrity & conduct. Surprisingly, the empanelment, selection & deployment of these senior-most officials were the outcome of 360-degree method itself which would have compelled the disgruntled officers to raise questions over the 360-method.  

 

What needs to be underlined here that Governments run on established and time-tested rules and regulations with institutional support mechanism and not on peripheral procedures with changes introduced frequently to both circumvent and override the existing institutional mechanism which invariably runs the risk of destroying the anchor of the ship and break the confidence of the participants and stake-holders. 

four-js-level-raw-officials-sacked

Four JS level RAW officials sacked

By IndianMandarins 30 Jul 2018

In a stern move, India’s external intelligence agency the Research & Analysis Wing (R&AW) has, reportedly, sacked four Joint Secretary level officials within a span of one year for non-performance. Reportedly, their APARs were not up to the mark.

This decision was based on a rule of DOPT that allows the govt to get rid of non-performers after completion of 50 years of age or 30 years of service.

A few years back, the DoPT had issued an order that services of employees could be terminated prematurely in public interest and after considering the entire service record of the officer. On the basis of this rule, four RAW officers were given compulsory retirement.

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