In a landmark judgment, a division bench of the Odisha Administrative Tribunal (OAT) has made it clear that the subject matter of charge framed in Disciplinary Proceeding (DP) against any officer cannot be awarded as adverse entry in Confidential Character Roll (CCR).
Once charges are proved and punishment is awarded to an officer, the final order in the DP can only be kept in the CCR folder. It is not necessary to enter such facts in the adverse CCR, the SAT observed.
The General Administration (GA) Department in its several circulars has clarified that once punishment is awarded to an officer and communicated to him, a copy of the same is only to be kept in the CCR dossier. However, in gross disregard of the instructions, subject matters of charges in D P are being reflected as adverse CCR. Even after exoneration from the charges such adverse entries are continuing for which a good number of officers are debarred from getting promotion to higher ranks.
While working as Tehsildar, Baripada in OAS Class-II cadre, a disciplinary proceeding was initiated against Dillip Kumar Sahoo on certain flimsy charges. During pendency of such proceeding, he was promoted to the OAS Class-I (JB). After two years of his promotion, like a bolt from the blue, Sahoo received an adverse communication of his CCR which is reproduction of certain charges of the DP. No one paid any heed to his representation. He was denied promotion to OAS Class-I (SB), while many juniors superseded him. However, later, on the basis of an enquiry officer’s report in the case, the State Government exonerated Sahoo from the charges which are subject matter of adverse CCR.
After hearing the matter at length, the OAT observed that in spite of such charges not having been established, the officer was denied promotion which is not sustainable in the eye of law. The SAT quashed the disciplinary proceeding as well as adverse CCR and directed the State Government to convene a review DPC to consider the suitability of concerned officer for promotion to higher rank from the date his juniors got such benefits.
Office bearers of several service associations have hailed the judgment of the OAT whereas senior bureaucrats are of opinion that this will be an eye opener for the authors of adverse CCRs.