The Delhi High Court has disposed of a writ petition filed by a judicial officer challenging the downgrading of his Annual Confidential Report (ACR) for the year 2023 from ‘A+ (Outstanding)’ to ‘B+ (Good)’, while granting him liberty to pursue fresh legal remedies.
The petitioner had sought quashing of the ACR dated 4 July 2024, contending that the downgrade was effected without affording him an opportunity of hearing. He had also challenged the rejection of his representation against the downgrade and a Full Court resolution directing him to undergo a day’s training at the Delhi Judicial Academy. The petitioner had also sought restoration of ‘A+’ grading.
During the hearing, the Court was informed that pursuant to its earlier order and a subsequent representation by the petitioner, the ACR grading had been upgraded from ‘B+’ to ‘A’. However, the petitioner submitted that he was entitled to restoration of the original ‘A+’ grading, particularly as the special remarks forming the basis of the downgrade no longer survived.
A Division Bench of Justice Navin Chawla and Justice Ravinder Dudeja held that since the petitioner’s representation had already been reconsidered and a fresh decision taken, it would give a fresh cause of action to the petitioner to challenge the same in accordance with law, if he is aggrieved by the same. The Court reserved liberty for the petitioner to challenge the fresh order in accordance with law, if he remained aggrieved.
Appearances
Petitioner- Mr. Sagar Suri and Mr. Shubham Gupta, Advs.
Respondent- Mr. S. Sunil, Adv
