Sri Upendra Kumar a S Vs Mr. B R Dayanand — Contempt of Court | Karnataka HC (2026)

Sri Upendra Kumar a S Vs Mr. B R Dayanand — Contempt of Court | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether proceedings for wilful disobedience (contempt) should be initiated against the accused for non-implementation of the order dated 13.06.2023 passed in R.P.No.260/2023 arising out of W.P.No.291/2023. +2 more

Court's answer

Because there is a serious controversy as to whether the common order was required to be implemented, the court held it not apposite to initiate any proceedings for wilful disobedience of the order passed in the review petition.

Ratio / Principle

W.P.No.291/2023 forms part of a common judgment, together with the judgment dated 21.03.2023 passed in W.P.No.20991/2022 (S-RES).

Key takeaways

Insofar as W.P.No.20991/2022 is concerned, the said common order was set aside by the order dated 12.09.2024 passed by the Division Bench of this Court in W.A.No.894/2023 (S-RES).ratio¶¶29
The present complaint is closed, with the clarification that all rights and contentions of the parties in the proceedings are reserved.ratio¶¶36

Detailed headnote1 paragraphs

Civil Contempt Petition (CCC No. 19 of 2026) filed under Ss. 11 & 12, Contempt of Court Act, 1971, by Upendra Kumar A.S. (Station Mechanic Grade-I, Kunigal) against B R Dayanand, General Manager (Administration & Human Resources), BESCOM, alleging wilful disobedience of the order dated 13.06.2023 of the learned Single Judge in R.P.No.260/2023 in W.P.No.291/2023, concerning accommodation of promotion per the existing Tumakuru Circle seniority lists dated 15.10.2022 and 19.10.2022. The bench (Vibhu Bakhru, CJ — author, with C.M. Poonacha, J) observed that the judgment dated 21.03.2023 in W.P.No.20991/2022 (S-RES), clubbed with W.P.No.291/2023, was a common judgment, and that insofar as W.P.No.20991/2022 was concerned it had been set aside by the Division Bench order dated 12.09.2024 in W.A.No.894/2023 (S-RES). Given the resulting serious controversy whether the common order required implementation, initiating proceedings for wilful disobedience was held not apposite. The maintainability objection raised by counsel for the accused (that disobedience of a review-petition order, or otherwise, is not actionable) was expressly not examined. Noting the complainant's substantive petition W.P.No.1906/2026 seeking similar relief — for which counsel conceded the complaint would not survive upon success — the complaint was closed with all rights and contentions of the parties reserved.

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NC: 2026:KHC:5616-DB CCC No. 19 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF FEBRUARY, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND

THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 19 OF 2026

BETWEEN:

SRI UPENDRA KUMAR A.S. S/O SRI SHESHAGIRI A.V. AGED ABOUT 41 YEARS WORKING AS STATION MECHANIC GRADE-I 66/11, K.V. MUSS, KUNIGAL R/O NRUPATUNGA EXTENSION 3^RD MAIN, 5^TH CROSS TUMKUR

…COMPLAINANT

(BY SRI NARASIMHARAJU, ADVOCATE)

Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka

AND:

MR. B R DAYANAND GENERAL MANAGER, (ADMINISTRATION AND HUMAN RESOURCES) NO. 405, 4^TH FLOOR, BELAKU BHAVAN CORPORATE OFFICE (BESCOM) K.R. CIRCLE BENGALURU - 560 001

…ACCUSED

(BY SRI CHANDRACHUD A., CGSPC)

THIS CCC IS FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURT ACT, 1971 PRAYING TO TAKE THE

2 - NC: 2026:KHC:5616-DB CCC No. 19 of 2026

HC-KAR

COGNIZANCE AGAINST THE ACCUSED PERSONS/ RESPONDENT AND PUNISH THEM IN ACCORDANCE WITH LAW IN VIEW OF THEIR DELIBERATE DISRESPECT INTENTION SHOWN TOWARDS THE ORDERS OF THE LEARNED SINGLE JUDGE DATED 13.06.2023 PASSED IN R.P.NO.260/2023 IN W.P.NO.291/2023 IN DECLINING TO ACCOMMODATE PROMOTION BY VIRTUE OF EXISTING SENIORITY LIST DATED 15.10.2022 AND 19.10.2022 PERTAINS TO TUMAKURU CIRCLE & ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

The complainant has filed the present complaint alleging wilful disobedience of the order dated 13.06.2023 passed by the learned Single Judge of this Court in R.P.No.260/2023 arising out of W.P.No.291/2023.

It is clear from the order dated 13.06.2023 that the review petition is not maintainable, however, certain clarifications were issued. The judgment dated 21.03.2023 passed in W.P.No.20991/2022 (S-RES) which was clubbed with

3 - NC: 2026:KHC:5616-DB CCC No. 19 of 2026

HC-KAR

W.P.No.291/2023 is a common judgment. Insofar as W.P.No.20991/2022 is concerned, the said order was set aside by the order dated 12.09.2024 passed by the Division Bench of this Court in W.A.No.894/2023 (S-RES).

In view of the above, there is a serious controversy as to whether the common order was required to be implemented. In this view, we do not consider it apposite to initiate any proceedings for wilful disobedience of the order passed in the review petition.

As contended by Shri A. Chandrachud, the learned counsel appearing for the accused, an allegation of wilful disobedience of the order passed in review petition or otherwise, would not maintainable. However, given the facts obtaining in this case, we do not consider it necessary to examine this contention in any further detail. We are also informed that the complainant has filed a substantive petition, W.P.No.1906/2026 seeking somewhat similar relief.

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NC: 2026:KHC:5616-DB CCC No. 19 of 2026

HC-KAR

The learned counsel appearing for the complainant fairly concedes that if the complainant succeeds in the said writ petition, the present complaint would not survive. The substantive issue raised in the said petition is similar to what the complainant seeks by enforcement of the order, the disobedience of which is alleged.

In view of the above, the present complaint is closed. However, we clarify that all rights and contentions of the parties in the proceedings are reserved.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/(C.M. POONACHA) JUDGE

KPS List No.: 2 Sl No.: 7