Delhi High Court - Orders
Rita Saxena vs Gvl Satya Kumar Managing Director Cris & ... on 5 September, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~103
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 1274/2023
RITA SAXENA
..... Petitioner
Through: Mr. Pratyush Sharma, Ms. Parul Pal,
Advs.
versus
GVL SATYA KUMAR MANAGING DIRECTOR CRIS & ORS.
..... Respondent
Through: Mr. Chandan Kumar, Adv.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 05.09.2023
CM APPL. 45881/2023-EX.
Allowed subject to all just exceptions.
The application stands disposed of.
CONT.CAS(C) 1274/2023
1. This is a petition seeking initiation of contempt proceedings against the respondents for violation of the judgment dated 16.05.2023 passed in Rev. Pet. No. 40/2023 in WP(C) 906/2018 and order dated 11.07.2023 passed in LPA No. 539/2023.
2. As per the order dated 16.05.2023, it was directed as under:-
"18. In that view of the matter, the order dated April 11, 2022 is reviewed to the extent the marks reduced by the reviewing authority in part IV under the attribute "Discipline"
is invalid, as the same is (1) without any justifiable reasons and (2) being at variance with the marks under identical attribute.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:48:45 The marks shall be treated as "5" and accordingly, the total marks shall get translated to appropriate grading. The respondent shall consider the effect thereof under the rules and proceed accordingly."
3. The LPA order dated 11.07.2023 did not stay the judgment dated 16.05.2023.
4. The respondent has, vide letter dated 07.08.2023, revised the overall marks of the petitioner from 84 to 85 and the APAR for the year 2013-14 is now "Outstanding" in place of "Very Good".
5. Hence, the only requirement left is "the effect" of the "Outstanding"
APAR of the year 2013-14".
6. Mr. Chandan Kumar, learned counsel for the respondent, on instructions, states that a Departmental Promotion Committee (DPC) has been convened. However, the members have not given their consent as of today.
7. Therefore, the respondents are directed to convene the DPC within a period of 30 days from today and consider the effect and consequential benefits arising out of the letter dated 07.08.2023 within the said period.
8. With these directions, the contempt petition is disposed of.
9. The petitioner is at liberty to revive the contempt petition in case the order passed today is not complied with in its true letter, spirit and intent.
JASMEET SINGH, J SEPTEMBER 5, 2023 / (MS) Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:48:45