IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF DECEMBER, 2017 PRESENT THE HON’BLE MR.JUSTICE B.S.PATIL AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR CCC NO.1238 OF 2016(CIVIL) Between:
Sri.Shantharam M, S/o Late Sri.R.Mahadeva Shetty, Age about 49 years, Working as Group’C’ Employee, Department of Sainik Welfare and Resettlement, Field Marshal K.M.Carriappa Bhavan, No.58, Field Marshal Cariappa Road, Bengaluru – 560 025.
…Complainant (By Sri.Kempanna, Advocate) And:
1. Sri.P.K.Garg, S/o Ramgopal Garg, Age about 57 years, Secretary, Department of Home, Government of Karnataka, Vidhana Soudha, Bengaluru – 560 001.
2. Brigadier (Retd.) Sri Sangamesha Sajjan, S/o B.A.Sajjan, Age about 57 years, Director, Department of Sainik Welfare & Re-Settlement, Field Marshal K.M.Carriappa Bhavan, No.58, Field Marshal Carriappa Road, Bengaluru – 560 025.
3. Smt.M.Geetha Mahabalashetty, W/o Mahabala Shetty, Age about 45 years, Dy.Director, Department of Sainik Welfare & Re-Settlement, Shimoga.'
…Accused (By Sri.D.Nagaraj, AGA for A-1;
A-2 and A-3 are deleted vide order dated 13.11.2017) This CCC is filed under Sections 11 and 12 of the Contempt of Courts Act 1971, by the complainant, wherein he prays that the Hon’ble High Court be pleased to take cognizance of contempt of Court Act committed by the accused by willfully disrespecting and disobeying the orders/directions issued by this Hon’ble Court in Writ Petition No.23207/2011 dated 30/01/2012 which is at Annexure-F and directions issued by this Hon’ble Court in Writ Petition No.15660/2009 dated 04/01/2011 which is at Annexure-E and also to punish them for not considering the candidature of the complainant for appointment of Deputy Director by appointing 3rd accused who has lesser qualification than the complainant.
This CCC coming on for Orders this day, B.S.Patil J, made the following:-
ORDER 1. Sri.D.Nagaraj, learned Additional Government Advocate, undertakes to appear for respondent and files counter affidavit enclosing a copy of the amendment brought to the Cadre and Recruitment Rules. It is stated in the affidavit that pursuant to the order passed by this Court and as per the proposal submitted by the Department, Government of Karnataka has considered the proposal regarding the amendment to be brought to the Cadre and Recruitment Rules and has effected such amendment with regard to the method of recruitment and the minimum qualification required for the post of Deputy Director, Department of Sainik Welfare and Resettlement.
2. In the light of the amendment now brought about to the Cadre and Recruitment Rules, the direction issued by the learned Single Judge by this Court in the Writ Petitions have been complied with. Therefore, this contempt proceeding is dropped.
Sd/- JUDGE Sd/- JUDGE dn/-