Civil contempt alleging non-compliance with directions that a punishment not bar the complainant's promotion. Affidavits showed the complainant was considered by the Departmental Promotion Committee. The court found no willful disobedience and closed the contempt proceedings.
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NC: 2024:KHC:32194-DB CCC No. 498 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
CIVIL CONTEMPT PETITION No. 498 OF 2024
BETWEEN:
…COMPLAINANT
Digitally signed by VALLI MARIMUTHU
Location: High Court of Karnataka
(BY SRI K.V. MANOJ, ADVOCATE FOR SRI ABHINAYA K., ADVOCATE)
AND:
NC: 2024:KHC:32194-DB CCC No. 498 of 2024
PANAMBUR, MANGALORE 575010.
…ACCUSED
(BY SRI K. ARVIND KAMATH, ASGI A.W SRI AJAY PRABHU M., CGC FOR A1; SRI SUBRAMANYA R., ADVOCATE FOR A2)
THIS CCC IS FILED UNDER ARTICLES 11 AND 12 OF THE CONTEMPT OF COURT ACT, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THE ACCUSED PERSONS FOR DISOBEDIENCE OF THE ORDER DATED 16.11.2023 IN W.P.No.13396/22 (S-RES).
THIS CCC COMING ON FOR ADMISSION HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. K.V. Manoj for learned
advocate Smt. K. Abhinaya for the complainant, learned Additional Solicitor General of India Mr. K. Aravind Kamath along with learned Central Government Counsel Mr. M. Ajay
Prabhu for respondent No.1 and learned Mr. R. Subramanya for respondent No.2.
NC: 2024:KHC:32194-DB CCC No. 498 of 2024
“11. In my view, having regard to the fact that the Superiors of the petitioner i.e., Chief Engineer and the Deputy Chief Engineer were imposed with the punishment of warning and censure, it would be appropriate to substitute the punishment of the petitioner to an extent of withholding of one increment for a period of one year with cumulative effect. This punishment shall, however, not act as a restraint or bar for consideration of the petitioner’s further promotion, if any.”
dated 11.07.2024, in which it was stated that the post of Deputy Chief Engineer which is equivalent to the Deputy Head of Department post is required to be filled in by the process of selection and not by promotion. It was thus given out that the entire mode was different and the complainant/petitioner’s case could not have been considered since the post was not to be filled in by promotion. It was also stated in the affidavit that vigilance clearance was required before the complainant could have been selected.
5.1 The very nature of the directions issued by learned Single Judge contemplated that punishment of withholding of one increment shall not become a restraint or bar for considering the case of the complainant’s promotion, if any.
NC: 2024:KHC:32194-DB CCC No. 498 of 2024
At this stage, learned advocate Mr. K.V. Manoj for the complainant submitted that the complainant has reservations about the merits of the process of consideration. It is always open to the complainant to take recourse in law, if permissible, to challenge the process to be considered in accordance with law and on merits, in respect of which this Court does not express any opinion.
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/(K. V. ARAVIND) JUDGE
VBS
List No.: 1 Sl No.: 15
1 issue framed by the court
Whether the respondents' consideration of the complainant for the post of Deputy Chief Engineer amounted to compliance with the Single Judge's order dated 16.11.2023.
3 provisions across 2 enactments
Mr. K. Shekar
Shri Rajiv Nayan
Shri Jijo Thomas
N. V. Anjaria
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
