IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.33880 OF 2014 (S-KAT) BETWEEN:
SRI PURUDEGOWDA D. S., SON OF SRI SHIVARUDRAPPA, AGED ABOUT 40 YEARS, RESIDENT OF DUGGONAHALLI VILLAGE, NUGGEHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 201.
(BY SRI K. N. NITISH, ADVOCATE FOR SRI K. V. NARASIMHAN, ADVOCATE) AND:
SRI MANOJ KUMAR MEENA SECRETARY, ... PETITIONER THE KARNATAKA PUBLIC SERVICE COMMISSION, UDYOGA SOUDHA, BENGALURU-560 001.
... RESPONDENT (BY SRI REUBEN JACOB, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNEXURE-A DATED 5.2.2014, PASSED BY THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL AT ANNEXURE-A AND THE ORDER DATED 7.5.2014 AT ANNEXURE-D PASSED BY THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL AND INITIATE CONTEMPT OF COURT PROCEEDINGS ANG TAKE APPROPRIATE ACTION AGAINST THE RESPONDENT AND PUNISH HIM FOR HAVING COMMITTED CONTEMPT OF THE HON'BLE KARNATAKA ADMINISTATIVE TRIBUNAL ORDER DATED 24.8.2009 PASSED IN APPLICATION NUMBER 1177 OF 2009 (AT ANNEXURE-A2).
***** THIS WRIT PETITION COMING ON FOR HEARING THIS DAY, RAVI MALIMATH, J., MADE THE FOLLOWING:
ORDER Aggrieved by the order passed by the Karnataka Administrative Tribunal dated 05.02.2014, in Contempt Application No.299 of 2013, vide Annexure-A, as well as the order dated 24.08.2009, passed in Application No.1177 of 2009, vide Annexure-A2, the present petition is filed.
2. The learned counsel for the petitioner contends that the Tribunal committed an error in rejecting the application.
3. The respondent’s counsel disputes the said contention.
4. Heard learned counsels.
5. The Tribunal by its order dated 05.02.2014, in Contempt Application No.299 of 2013, vide Annexure-A, held that the order which is said to be disobeyed has been stayed by the Hon'ble Supreme Court. It is submitted by the respondent’s counsel that the said matter is pending consideration before the Hon'ble Supreme Court. The order of the Tribunal dated 24.08.2009 vide Annexure-A2, would indicate that if the applicant therein makes an application, the KPSC shall consider the same and pass appropriate orders within two weeks from the date of receipt of the application. Since the aforesaid order has been stayed by the Hon'ble Supreme Court nothing further would survive for consideration.
Consequently, the writ petition is dismissed.
Sd/- Sd/-
JUDGE JUDGE JJ