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He has also submitted in para 6 of his OA (page 235 of the paper book) that his representation is still pending and the respondents are making their best efforts to get the same rejected by the competent authority.

6. The respondents in their counter affidavit have submitted that the representation of the applicant dated 28.02.2014 had been considered by the competent authority and rejected vide order dated 14.10.2014. They have further submitted that the applicant has filed his representation beyond the stipulated period and, therefore, it would not be liable to be considered. They have further contended that the competent authority has acted correctly in making consultation with the Reporting/Reviewing Officer as per the DoP&T OM dated 14.05.2009 (pages 455-456 of the paper book). The respondents have further denied there being any vendetta on the part of the reporting authority and the accepting authority. The Reporting Officer after demitting office w.e.f. 06.11.2013 on his promotion to DG & CEO, NSSO vide his letter dated 13.11.2013 (page 371 of the paper book) asked every officer working under him to submit their APARs so that he can report his observation within the time period specified in the instructions, i.e., one month. The applicant did not submit his APAR. Therefore, the respondent No.3 after waiting for the permissible time initiated the APAR without having the benefit of his self appraisal. Learned counsel for the respondents also rebuts the averments of the applicant that he had received the blank format only on 21.12.2013 on the ground that it had been despatched to him on 29.11.2013. The respondents also questioned that it is not clear as to why the applicant marked the letter dated 13.11.2013 (page 371 of the paper book) and his APAR (page 372 of the paper book) to his subordinate like any other receipt. It was the duty and responsibility of the applicant to fill up his own self- appraisal part instead of marking down the same to his subordinates. The letters have been issued to all the subordinates to respondent No.3 and there was duty cast upon the applicant to submit his form. It is the applicant's non application of mind and lack of care and caution in duty and as such he is not entitled to any relief in this regard.

Representation No.M-14011/6(2)/2013-RPU/8462 dated 28.02.2014 submitted by Shri Tushar Ranjan Mohanty, Deputy Director General against adverse remarks in his APAR for the period 17.05.2013 to 06.11.2013 was examined and placed before Hon'ble Minister in the capacity of Appellate Authority, who has rejected the representation as below:-

Since the Annual Performance Appraisal Reports (APARs) relates to period prior to my taking over, I go by advice of the Secretary to reject the representations.
2. Keeping n view the above position, the matter regarding communication of entries in the ACRs in the case of civil services under the Government of India has been further reviewed and the undersigned is directed to convey the following decisions of the Government:
(i) The existing nomenclature of the Annual Confidential Report will be modified as Annual Performance Assessment Report (APAR).
(ii) The full APAR including the overall grade and assessment of integrity shall be communicated to the concerned officer after the Report is complete with the remarks of the Reviewing Officer and the Accepting Authority wherever such system is in vogue. Where Government servant has only one supervisory level above him as in the case of personal staff attached to officers, such communication shall be made after the reporting officer has completed the performance assessment.
(iii) The Section entrusted with the maintenance of APARs after its receipt shall disclose the same to the officer reported upon.
(iv) The concerned officer shall be given the opportunity to make any representation against the entries and the final grading given in the Report within a period of fifteen days from the date of receipt of the entries in the APAR. The representation shall be restricted to the specific factual observations contained in the report leading to assessment of the officer in terms of attributes, work output etc. While communicating the entries, it shall be made clear that in case no representation is received within the fifteen days, it shall be deemed that he/she has no representation to make. If the concerned APAR Section does not receive any information from the concerned officer on or before fifteen days from the date of disclosure, the APAR will be treated as final.