Section 4 in Orissa Civil Services (Criteria for Promotion) Rules, 1992
4. Consideration of adverse remarks.
- In order that vacancies are filled up by the most suitable persons, with the utmost expedition consistent with an officer's right to seek expunction of an adverse remark to the following procedure shall be followed in case where the records of an officer under consideration contain an adverse remarks:-(a)If the officer has represented against an adverse remark and the representation has not been disposed of, the adverse remark shall be taken into consideration at the time of selection.(b)If the remark has been expunged after consideration of his case by the Departmental Promotion Committee or the Selection Committee or the Selection Board, as the case may be, the fact shall forthwith be reported to the Public Service Commission and if the officer was refused promotion on ad hoc basis because of the said remark, his entitlement to such promotion shall be considered once again, notwithstanding that it may involve the reversion of another officer.(c)If expunction of the adverse entry is ordered after selection has been made on the recommendation of the Orissa Public Service Commission, his case will be referred once again to the Commission and if the Commission recommends his promotion and Government accept the said recommendation, the officer will be promoted from the date his junior, not being a person of exceptional merit and suitability, was promoted and shall be entitled to all service benefits which he would have received but for the supersession on account of the adverse remarks.(d)If, as a result of such retrospective promotion, any junior officer has to be reverted, such reversion shall not entitle the said junior officer to claim continuance in the post on the strength of an earlier recommendation of the Orissa Public Service Commission.
