RBE No.92/1993: Confidential Reports

No.E(NG)I/91/CR/2, dated 10.06.1993

Sub: Adverse comments in Confidential Reports which have not been communicated – Effect thereof on consideration for promotion.

1. As the Railways are aware in terms of Board’s letter No.E(NG)I/78/CR/2, dated 10.11.1978, adverse remarks in Confidential Reports are to be communicated to the railway servants concerned within one month of their being recorded. The railway servant is allowed to represent against the adverse remarks within one month of their communication. All representations against adverse remarks are to be decided expeditiously by the competent authority, in any case within 3 months from the date of submission of the representation. Adverse remarks are not deemed as operative if any representation filed within the prescribed limit is pending. However, the existing orders as brought out above do not cover a situation where adverse comments in the Confidential Reports have not been communicated to the employee concerned.
2. In this connection, the staff side of National Council/ JCM Expressed a view that adverse remarks not communicated to Government Servant should not be operated upon and they should be totally ignored. This view of the staff side was not found acceptable by the Government. However, it was realized that it may not be quiet appropriate that Government Servant is passed over only on the basis of adverse remarks against which he had no opportunity to represent as the same have not been communicated. The matter has therefore been considered further and it has been decided as follows:

(i) Where the Departmental Promotion Committee find that the adverse remarks in the CRs (Confidential Reports) have not been communicated but the adverse remarks are of sufficient gravity to influence their assessment of the railway servant concerned, then the Committee shall defer consideration of the case of the Railway Servant, provided these remarks have been recorded in any of the CRs pertaining to three immediately preceding years prior to the year in which the DPC is held and direct the Cadre Controlling Authority concerned to communicate the adverse remarks to the railway servant concerned so that he may have an opportunity to make a representation against the same. Where the un-communicated adverse remarks pertain to a period earlier than the above or where the remarks are not considered of sufficient gravity to influence the assessment of the railway servant concerned, the DPC may proceed with the consideration of the case but may ignore the remarks while making the assessment.
(ii) After a decision is taken by the Competent Authority on the representation made by the railway servant or in the event of railway servant not making any such a representation after the period therefore has expired, the DPC shall assess the suitability of the railway servant on the basis of entries now contained in the CR. While considering the deferred case as above, if the DPC find the railway servant fit for promotion the procedure described below shall be followed:-

(a) If the DPC find the railway servant fit for promotion, it would place him at the appropriate place in the relevant panel/ select list after taking into account the toned down remarks or expunged remarks and his promotion will be regulated in the manner indicated below.
(b) If the railway servants placed junior to the railway servant concerned have been promoted, he would be promoted immediately and if there is no vacancy, the junior most Railway servant officiating in higher grade should be reverted to accommodate him. On promotion, his pay should be fixed under Rule 1321 R-II (FR 27) at the stage it would have reached had he been promoted from the date the railway servant immediately below him was promoted but no arrears would be admissible. The seniority of the railway servant would be determined in the order in which his name, on review, has been placed in the panel/ select list by DPC.
(c) If in any such case, a minimum period of qualifying service is prescribed for promotion to higher grade, the period from which the railway servant placed below the railway servant concerned in the panel/ select list was promoted to the higher grade should be reckoned towards the qualifying period of service for the purpose of determining his eligibility for promotion to the next higher grade.

(iii) In the case where a decision on the representation of the railway servant against adverse remarks has not been taken or the time allowed for submission of a presentation is not over, the DPC in their discretion may defer the consideration of the case until a decision is taken on the representation.
(iv) In both the cases referred to in para 2(i) and 2(iii) above, where consideration of the case is deferred on account of adverse remarks contained in the CRs, the concerned authority should intimate the result of the representation of the railway servant against adverse remarks within a period of 3 months from the date of submission of the said representation, if any.

Download Railway Board Circular RBE No.92/1993

Forward reference⇒ RBE No. 57/1997, RBE No.29/2018