Section 9 in India Service (Performance Appraisal Report) Rules, 2007
9. Disclosure of performance appraisal report to the officer reported upon and procedure for representation to the Referral Board.
- [(1) The full annual performance appraisal report, including the overall grade and assessment of integrity, shall be disclosed electronically to the officer reported upon, after finalisation by the accepting authority except in the cases where it is generated manually, to enable the officer reported upon to represent his case.] [Substituted by Notification No. G.S.R. 596(E), dated 15.6.2017 (w.e.f. 14.3.2007).](2)The officer reported upon may have the option to give his comments on the performance appraisal report in writing to the accepting authority within fifteen days of the receipt of the Performance Appraisal Report.(3)The comments shall be restricted to the specific factual observations contained in the Performance Appraisal Report leading to the assessment of the officer in terms of attributes, work output and competency.(4)[ The accepting authority shall within fifteen days from the date of receipt of comments from the officer reported upon forward the same to the reviewing and the reporting authority and call for their views on the comments and the comments of reporting and reviewing authority are required to be sought even if they have retired or demitted or relinquished office, and in case the comments of reporting and reviewing authority are not received within fifteen days from the date of receipt, it shall be presumed that reporting and reviewing authority have no comments to offer.] [Substituted by Notification No. G.S.R. 596(E), dated 15.6.2017 (w.e.f. 14.3.2007).](5)The reporting authority shall, within fifteen days of receipt of comments from the officer reported upon forward his own views on the comments to the reviewing authority failing which it shall be presumed that he has no views thereon.(6)The reviewing authority shall forward the comments of the officer reported upon along with the views of the reporting authority and his own views to the accepting authority within fifteen days of receipt of the views of the reporting authority.(7)[ If the accepting authority is of a level below the Minister in the State or in the Central Government, then the competent authority to decide the representation shall be one level higher than the accepting authority and in such cases the accepting authority shall forward the comments of the officer reported upon along with the views of the reporting authority, reviewing authority and his own views to the competent authority within fifteen days of receipt of the views of the reviewing authority, and the comments of the accepting authority are required to be sought even if he has retired or demitted or relinquished office.(7A)The competent authority shall consider the comments of the officer reported upon, the views of the reporting authority, reviewing authority and accepting authority and after due consideration, the competent authority may accept them and modify the performance appraisal report with a speaking order and the final grading shall be communicated to the officer reported upon within fifteen days of receipt of the views of the accepting authority.(7B)If the accepting authority is the Minister in the State (including the Chief Minister) or the Minister in the Centre, then the competent authority to decide the representation will be the accepting authority himself and in such cases the accepting authority shall consider the comments of the officer reported upon, the views of the reporting authority and the reviewing authority and after due consideration may accept them and modify the performance appraisal report accordingly and the decision and final grading shall be communicated to the officer reported upon within fifteen days of receipt of the views of the reviewing authority, and the comments of the reporting and the reviewing authority are required to be sought even if he has retired or demitted or relinquished office.(7C)If the competent authority has not seen the work for the reporting period, the representation shall be referred to the Referral Board.] [Substituted '(7) The accepting authority shall consider the comments of the officer reported upon, the views of the reporting authority and the reviewing authority and after due consideration may accept them and modify the performance appraisal report accordingly and the decision and final grading shall be communicated to the officer reported upon within fifteen days of receipt of the views of the reviewing authority.' by Notification No. G.S.R. 596(E), dated 15.6.2017 (w.e.f. 14.3.2007).](8)(a)In case the officer reported upon chooses to represent against the final assessment conveyed to him according to this procedure, he may represent his case through the accepting authority for a decision by the Referral Board, as specified in the Schedule 3, within one month, provided that such representation shall be confined to errors of facts.(b)The representation of the officer reported upon along with the views of the reporting authority, the reviewing authority and the accepting authority shall be forwarded to the Referral Board on the request of the officer reported upon within a period of fifteen days of receipt of communication.(9)(a)The Referral Board shall consider the representation of the officer reported upon in the light of the comments of the reporting authority, the reviewing authority and [the accepting authority and the competent authority] [Substituted by Notification No. G.S.R. 596(E), dated 15.6.2017 (w.e.f. 14.3.2007).] and confirm or modify the performance appraisal report, including the overall grade and the decision of the Referral Board shall be confined only to errors of facts and the decision of the Referral Board shall be final.(b)In case an entry or assessment is upgraded or down graded, reasons for the same shall be recorded in the performance appraisal report.[Provided that where the representation has been sent to the Referral Board when the competent authority has not seen the work of the officer reported upon, the Referral Board shall consider the representation of the officer reported upon in the light of the comments of the reporting authority, the reviewing authority and the accepting authority and confirm or modify the performance appraisal report, including the overall grade and the decision of the Referral Board shall be in respect of both factual observations and errors of facts and the decision of the Referral Board shall be final and the final grading shall be communicated to the officer reported upon within fifteen days of receipt of the decision of the Referral Board.] [Inserted by Notification No. G.S.R. 596(E), dated 15.6.2017 (w.e.f. 14.3.2007).](10)The entire performance appraisal report, including the overall grade, shall thereafter be communicated to the officer reported upon which shall conclude the process of assessment and no further representation of any kind shall be entertained thereafter.
