1

ITEM NO.103

COURT NO.6

SECTION XIV/X

S U P R E M E C O U R T O F
RECORD OF PROCEEDINGS
CIVIL APPEAL

NO(S).

I N D I A

5984/2013

H.C. OF DELHI THROUGH REGISTRAR GENERAL

APPELLANT(S)

VERSUS
BARKHA GUPTA & ANR.
(WITH INTERIM RELIEF AND OFFICE REPORT)
WITH
W.P.(C) NO. 597/2003
(WITH OFFICE REPORT)

RESPONDENT(S)

W.P.(C) NO. 476/2004

(WITH OFFICE REPORT)
Date : 06/10/2016 These cases were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE PRAFULLA C. PANT
For parties:
HC of Delhi

Mr. A. Mariarputham, Sr. Adv.

Mr. Annam D. N. Rao, Adv.
Mr. Yusuf Khan, Adv.
Mr.
Mr.
Ms.
Ms.
Mr.

Gopal Subramanium, Sr. Adv.

Ankit Swarup, Adv.
Tanya Swarup, Adv.
Aakanksha Sinh, Adv.
Ankit Swarup, Adv.

Mr. Pratap Venugopal, Adv.

Mr. Anuj Sarma, Adv.
Ms. Niharika, Adv.
M/s. K. J. John & Co., Adv.
Mr. K.L. Janjani, Adv.
Mr. Amit Sharma, Adv.
Mr. D.S. Mahra, Adv.
Signature Not Verified
Digitally signed by
VINOD LAKHINA
Date: 2016.10.06
16:43:44 IST
Reason:

Mrs. Anil Katiyar, Adv.

Mr. C.N. Sree Kumar, Adv.

Mr. T.L. Garg, Adv.

Ms. Hetu Arora Sethi, Adv.
M/s Arputham Aruna & Co., Adv.
Ms. Binu Tamta, Adv.
UPON hearing the counsel the Court made the following
O R D E R
CIVIL APPEAL NO.5984 OF 2013
The

appeal

is

dismissed

in

terms

of

the

signed

order.
WRIT PETITION (CIVIL) NOS.597 OF 2003 AND 476 OF 2004
The present writ petitions will be taken up tomorrow
i.e. 7th October, 2016. The Registrar General of the High
Court of Delhi or any other Registrar conversant with the
facts of the case will be present in court in person along
with the response of the High Court to the observations
contained in the order passed today i.e. 6th October, 2016
in Civil Appeal No.5984 of 2013, a copy of which will be
forwarded to the Registrar General by Special Messenger for
being placed before the Hon'ble The Chief Justice of the
Delhi High Court on the administrative side.

[VINOD LAKHINA]
COURT MASTER

[ASHA SONI]
COURT MASTER

[SIGNED ORDER IS PLACED ON THE FILE]

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
CIVIL APPEAL

NO(S).

5984/2013

H.C. OF DELHI THROUGH

REGISTRAR GENERAL

...APPELLANT

VERSUS
BARKHA GUPTA & ANR.

...RESPONDENTS

ORDER
1.

We have perused the order of the

High Court under challenge.

has

very

considered

elaborately

which

the

the

(A.C.R.)

of

totality

Annual
the

The High Court

discussed

of

the

facts

Confidential

officer(s)

and
in

Report

concerned

was

given the grading 'C' integrity doubtful.

Before

the

Division

Bench

of

the

High

Court, which had passed the impugned order,

no

material

whatsoever
said

had

conclusion

been
of

laid
the

to

sustain

the

Full

Court.

Before us also there is not even a

whisper as to the basis on which grading

'integrity doubtful' has been recorded.

2.

In the aforesaid circumstances, it

will not be necessary for us to traverse

the detailed facts and circumstance of the
case except to record our conclusion that
the remarks recorded in the A.C.Rs. of the
officer concerned for the years in question
i.e. 1999-2004 are wholly unsustainable in
law.

We accordingly dismiss the appeal and

affirm the order of the High Court.

Beyond

the above, we do not consider it necessary

to

say

anything

assistance

further

offered

to

except

this

that

Court

by

the
the

Administrative Side of the High Court is

shocking.
the
court

This Court would have expected

responsible
to

record(s)
recorded

officer(s)

of

be

present

along

to

support

the

on

the

the

High

with

the

conclusions

Administrative

side,

particularly,
appeals

are

in

situation

pending

for

almost

where
10

the
years

before this Court.

We are dismayed by the

assistance

and

offered

request

the

Chief

Justice of the High Court of Delhi to look

into the matter.

....................,J.
(RANJAN GOGOI)
...................,J.
(PRAFULLA C. PANT)
NEW DELHI
OCTOBER 06, 2016