Disposed

Dr. D.T. Venkatesha v. Sri.Mohammad Mohsin

Karnataka HC19 Mar 2024CCC/181/2024

Case brief

AI extract

What is this about?

At a hearing in Civil Contempt Petition No. 181 of 2024 regarding non-compliance of directions in W.P. No. 29200/2023, the bench closed the contempt proceedings as the decision was pursuant to court directions and allowed the complainant to institute independent proceedings to challenge the decision.

What did the court decide?

Contempt proceedings were closed; complainant left open to institute independent proceedings.

Dr. D.T. Venkatesha Vs Sri.Mohammad Mohsin — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:11141-DB CCC No. 181 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF MARCH, 2024

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PRESENT

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THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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CIVIL CONTEMPT PETITION NO. 181 OF 2024

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BETWEEN:

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DR. D.T. VENKATESHA, S/O LATE D.M. THIMMARAYAPPA, AGED ABOUT 57 YEARS, PROFESSOR AND HEAD OF DEPARTMENT OF MICROBIOLOGY, HIMS, HASSAN - 573 201 ALSO AT 268, MARUTHI TEMPLE ROAD, CHIKKAHONNENAHALLI, VIDYANAGAR, HASSAN - 573 202.

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…COMPLAINANT (BY SRI. SHAM A. NEMICAL.,ADVOCATE)

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AND:

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Digitally signed 1. SRI.MOHAMMAD MOHSIN, by SHARADA VANI B I.A.S Location: HIGH PRINCIPAL SECRETARY TO GOVERNMENT, COURT OF MEDICAL EDUCATION DEPARTMENT, KARNATAKA ROOM NO.610, 6^TH FLOOR, 4^TH GATE, M.S.BUILDING, BENGALURU - 560 001. … ACCUSED 2. THE GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU – 560 001. …PROFORMA RESPONDENT (BY SRI.S S MAHENDRA., G.A. FOR A1; SMT. SUMANA BALIGA., ADVOCATE FOR R2)

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NC: 2024:KHC:11141-DB CCC No. 181 of 2024

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO A) TAKE COGNIZANCE OF THE WILLFUL DELIBERATE DISOBEDIENCE AND BREACH COMMITTED BY THE ACCUSED NO.1 OF THE ORDER DATED 28.12.2023 PASSED IN W.P.NO.29200/2023 (S-RES) ON THE FILE OF THIS HON’BLE COURT VIDE ANNEXURE - K.

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THIS CCC COMING ON FOR ORDERS THIS CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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In the writ proceedings the grievance of the petitioner was that he being the senior-most Professor, was entitled to be posted as Director on the basis of seniority. The writ petition resulted into order dated 28.12.2023 whereby the learned Single Judge while disposing of the petition directed respondent No.1 to consider the representation of the petitioner for the post of Director. It was directed that if the petitioner is found eligible, necessary orders shall be passed within the stipulated time.

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In the present contempt proceedings, the complainant has raised the grievance about non-compliance of the directions of learned Single Judge.

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Pursuant to notice, the Compliance Affidavit has been filed by the Principal Secretary to the Government, Department of Medical Education, Government of Karnataka. Learned

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3 - NC: 2024:KHC:11141-DB CCC No. 181 of 2024

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Government Advocate Mr.S.S.Mahendra drew attention of the Court to the said affidavit.

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3.1. The compliance affidavit inter alia mentions as under:

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“As per the Institution’s Byelaw recruitment rules, for the post of the Director in HIMS, Dr.Ravikumar.B.C. Professor, Skin Department, Hassan Institute of Medical Sciences, Hassan was appointed and ordered as per the Government Notification No.HIMS /C(1) 31.2019.20 dated 26.12.2019. and in view of his term of office coming to an end on 25.12.2023, and to the post of Director till regular appointment is made or till the further Government order, out of them whichever earlier till then, Dr.Santosh S.V. Professor and Head, Psychology Department, HIMS Hassan effective from 26.12.2023 to the post of the Director of the Institution in Notification No.MED 200 KUM 2023, dated 22.12.2023 is put as Incharge and ordered”.

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3.2. It is further pointed out on the basis of averments made

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in the compliance affidavit that the present complainant -the petitioner faced the proceedings of criminal case and came to be convicted under section 255 of Code of Criminal Procedure 1973, for the offence punishable under section 138 of Negotiable Instruments Act. Fine was imposed and sentence of Simple Imprisonment of six months in default of payment of fine, was ordered to be undergone.

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NC: 2024:KHC:11141-DB CCC No. 181 of 2024

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The petitioner-complainant was accordingly intimated

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that all the aforesaid reasons that he was not liable to be considered for the post of Director.

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Since the decision is taken by the respondentgovernment pursuant to the directions of learned Single Judge, nothing remains to be gone into this contempt jurisdiction. The contempt proceedings are closed.

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It is observed that if the complainant is dissatisfied with his non-consideration for the post, it is open for the complainant to institute independent proceedings to challenge the decision in accordance with law in respect of which the court does not express any opinion on merits.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

Snb/ List No.: 1 Sl No.: 26

Dr. D.T. Venkatesha v. Sri.Mohammad Mohsin

Case brief

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Dr. D.T. Venkatesha v. Sri.Mohammad Mohsin

Case brief

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