RITA SAXENA vs GVL SATYA KUMAR MANAGING DIRECTOR CRIS & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 16th May 2025 Pronounced on: 30th May 2025 + CONT.CAS(C) 1274/2023, CM APPL. 53042/2023 RITA SAXENA .....Petitioner Through: Mr. Akshay Makhija, Sr. Advocate with Mr. Pratyush Sharma, Advocates. versus GVL SATYA KUMAR MANAGING DIRECTOR CRIS & ORS. .....Respondents Through: Mr. Chandan Kumar, Mr. Vikram Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT 1. This petition has been filed alleging willful and deliberate disobedience of Judgment dated 16th May 2023, passed in Review Petition No. 40/2023 in W.P.(C) 906/2018. 2. The gravamen of the dispute between the parties relates to directions passed by the Court in the said Judgment, upgrading the marks given to the petitioner in her Annual Performance Appraisal Report (‘APAR’) and consequently directing that, ‘the respondent shall consider the effect thereof under the rules and proceed accordingly’. 3. Essentially, while the respondent states that they have considered the petitioners case and have conducted a review Departmental Promotion Signature Not Verified Digitally Signed By:MANISH KUMAR CONT.CAS(C) 1274/2023 Page 1 of 33 Signing Date:31.05.2025 14:03:08 Committee (‘DPC’) and have found the petitioner unfit for promotion; the petitioner’s assertion is that the said review DPC and decision arrived at, by the same, is not in accordance with the applicable rules. It is also the petitioner’s grievance, that the respondent, in rejecting her promotion, has acted mala fide and has deliberately attempted to deprive the petitioner of what she is duly entitled to. 4. This Judgment, therefore, seeks to determine whether the Court, in exercise of its contempt jurisdiction, is permitted to assess the legitimacy and validity of a decision taken by an authori