Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 14751 (KAR)

SREEKANTA MURTHY S K v. SMT G SATHYAVATHI

CCC/118/2022 · 2025-01-23

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2983-DB CCC No. 118 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.118 OF 2022 BETWEEN: 1. SREEKANTA MURTHY S.K. S/O. KALAPPA M.S. AGED ABOUT 29 YEARS PRESENTLY RESIDING AT SHETTIKERE C.N. HALLI TALUK TUMKUR DISTRICT-572 226. 2. GIRISH K.C. S/O. CHIKKAMALLEGOWDA AGED ABOUT 29 YEARS PRESENTLY RESIDING AT KOREGAL SIRIGAVAL HOBLI MALAVALLI TALUK MANDYA DISTRICT-571 430. 3. NARAYANASWAMY N. S/O. NAGARAJAPPA AGED ABOUT 23 YEARS PRESENTLY RESIDING AT NO.3 NARASAIAHNAPALYA SONAGANAHALLI POST GOWRIBIDANUR TALUK CHIKKABALLAPUR DISTRICT-561 210. 4. PRASHANT JADAMALI S/O. PARAMESHAPPA AGED ABOUT 28 YEARS PRESENTLY RESIDING AT NO.419/2 RAVICHANDRA NILAYA K.T.J. NAGAR, 17TH CROSS DAVANAGERE-577 002. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2983-DB CCC No. 118 of 2022 5. PRASHANTH KUMAR M. S/O. MARAIAH AGED ABOUT 24 YEARS PRESENTLY RESIDING AT DOOR NO.18/A BASAVAIAH COLONY KESTHUR VILLAGE AND POST YELANDUR TALUK CHAMARAJANAGAR DISTRICT-571 441. …COMPLAINANTS (BY SRI NAIK NITYANAND VENKATARAMAN, ADVOCATE) AND: SMT. G. SATHYAVATHI THE SECRETARY KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA BENGALURU-560 001. …ACCUSED (BY SRI MUHAMMAD SHAMIL, ADVOCATE) * * * THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 AND ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED AND TO PUNISH HER FOR DELIBERATE AND WILLFUL DISOBEDIENCE OF THE ORDER DATED 15-7-2021 IN WRIT PETITION NO.194 OF 2021 VIDE ANNEXURE-C. THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T - 3 - NC: 2025:KHC:2983-DB CCC No. 118 of 2022 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings has been initiated against the accused for deliberate and willful disobedience of the order dated 15-7-2021 assed in Writ Petition No.194 of 2021 (S-KSAT). 2. Sri Muhammad Shamil, learned counsel for the accused, is physically present and submits that the order passed by the Division Bench is complied with. 3. Sri Naik Nityanand Venkataraman, learned counsel for the complainants, has filed a memo dated 23-1-2025, which reads as under: "In view of dereliction of duty, negligence, arbitrariness on part of the Respondent Authorities, there had been inordinate delay in concluding the recruitment process. Despite of the specific directions issued by this Hon'ble Court and the Undertaking given by the KPSC, the Select List was not prepared in respect of all the vacancies on the basis of comparative merit. In view of the above said Contempt Proceedings initiated by this Hon'ble Court, the Accused prepared the select lists. Thus, - 4 - NC: 2025:KHC:2983-DB CCC No. 118 of 2022 the comparative merits of the candidates were not properly and fairly considered in the Recruitment process, thereby resulting in violation of Article 14 and 16 guaranteed to the appointed candidates. As per the Karnataka Government Servants' (Seniority) Rules, 1957, the Seniority is required to be fixed on the basis of the comparative merits and unnecessary and inordinate delay on part of the recruiting agency shall not come in the way of fixing the seniority and service conditions on the basis of the comparative merit of the candidates. Reserving liberty to the complainants to ventilate their grievance before the appropriate forum, the above Contempt proceedings may kindly be disposed of, in the interest of justice and equity." 4. Memo is taken on record. Liberty, as prayed for, is granted. Accordingly, the contempt proceedings are hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 2 Sl No.: 1