Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Jharkhand - Section

Section 849 in Bihar Education Code, 1961

849. Communication of Adverse remarks.

(a)Adverse remarks recorded in the annual report on an officer should be communicated to him so that he may know his defects and try to cure them. But the name or designation of the reporting officers must never be communicated. The communication should be made promptly within three months of receipt of the report by the authority who orders communication. All adverse remarks whether about remediable or about irremediable defects, should be communicated because it is difficult in practice to differentiate between the two. Remarks which have no finality, but in which judgement is suspended should not be communicated, remarks which indicate that the officer has tried to remedy defects which were pointed out to him in a previous year should also be communicated.
(b)The form of communication should be suited to the temperament of the officer reported against, the idea being not to hurt him but to help him. When an adverse remark has to be communicated, the substance of the whole report, including favourable and unfavourable remarks, should be communicated. For this purpose, it is sometimes necessary to edit the remarks, before communication. Minor faults which find mention in the reports may be pointed out orally by the superior officer. But grave defects should be brought to the officer's notice in writing by the Head of the Department personally.
(c)An officer may make a representation against an adverse remark. Where an adverse remark is found to be really unjustified, it may be suitably modified or expunged. Proposals to modify or expunge adverse remarks on officers of the Bihar Education Service must be submitted to the Chief Minister, under rule 28 (a) (viii) of the rules of Executive Business. Unless there are exceptional reasons for doing so. Government do not generally expunge or modify adverse remarks. A confidential report is not a charge-sheet which the reporting officer must substantiate with facts and figures. If after examination of a representation against adverse remarks, it is found that the remarks were justified and the representation was frivolous, a note will be made in the character roll of the representations that he did not take correction in good spirit.