DOPT, Office Memorandum No. 21011/1/2005-Estt (A) (Pt-II) Dated 14-05-2009 states at Para 2(vi), that “The competent authority for considering adverse remarks under the existing instructions may consider the representation, if necessary, in consultation with the reporting and/or reviewing officer and shall decide the matter objectively based on the material placed before him within a period of thirty days from the date of receipt of the representation.”
In case the representation has still not been disposed off, then it will be governed by Department of Personnel ,Government of India Office memorandum No. 21011/1/77-ESTT.A dated 30th January, 1978 which at Para (v) states , “Adverse remarks should not be deemed to be operative if any representation filed within time limit is pending with competent authority. “