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2016 DIGILAW 1449 (SC)

Archana Sinha v. Registrar General, High Court of Delhi

2016-10-07

PRAFULLA C.PANT, RANJAN GOGOI

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ORDER : 1. The prayers made in the writ petitions are for quashing the adverse Annual Confidential Reports (A.C.Rs.) of the petitioner for the years 1999 to 2002; for interference with the promotion order made to the exclusion of the petitioner and for grant of consequential benefits. 2. The petitioner, at the relevant point of time, was an officer of the Delhi Judicial Services and has now been promoted to the Delhi Higher Judicial Services in the year 2009. 3. We have considered the matter. We have also looked into the records, in-original, placed before the Court by the learned counsel appearing for the High Court. 4. Taking into account the fact that the petitioner is a serving judicial officer and several years of service are left to her credit, we are of the view that it would not be appropriate to go into a detailed enumeration of the facts and circumstances antecedent to the recording of the adverse remarks against her. 5. Suffice it will be to mention that we have looked into the allegations contained in the relevant written complaints against the petitioner which are in the records placed before us; the A.C.Rs of the previous years as well as the subsequent years. We have also taken into account that the petitioner was promoted to the Delhi Higher Judicial Services in the year 2009 and there after there is nothing adverse against her. 6. Having read and considered the written complaints and keeping in mind the contents there of, we are of the view that the conclusion of the High Court on the administrative side in grading the officer as "C-Integrity doubtful" cannot be sustained. 7. Beyond the above, we do not consider it necessary to say anything further. Consequently, we set aside the aforesaid A.C.Rs and direct that the concerned authority in the High Court will re-do the exercise forthwith and thereafter all consequential benefits, if any, due to the petitioner in terms of the re-valuated A.C. Rs. will follow. 8. Both the writ petitions stand disposed of in the above terms.