Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:36-DB CCC No. 100098 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
CIVIL CONTEMPT PETITION NO. 100098 OF 2024
BETWEEN:
SRI. ASHOK KUMAR UMAKANTH NAIK, S/O. UMAKANTH NAIK, AGED ABOUT 53 YEARS, WORKING AS SECTION SUPERINTENDENT, DEPARTMENT OF POLICE, R/O. SANJAYA NILAYA, BEHIND POLICE STATION, DR. B. R. AMBEDKAR ROAD, KERUR-587201, BADAMI TALUK, BAGALKOT DISTRICT.
…COMPLAINANT (BY SRI. SHARANABASAVARAJ C. S, ADVOCATE)
AND:
1.
SRI. UMASHANKAR (IAS), PRINCIPAL SECRETARY, DEPARTMENT OF HOME,
Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench
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NC: 2025:KHC-D:36-DB CCC No. 100098 of 2024
VIDHANA SOUDHA, BENGALURU-01. …ACCUSED
2.
SRI. ALOK MOHAN (IAS), THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, NRUPUTUNGA ROAD, BENGALURU 560001. …ACCUSED
3.
THE STATE OF KARNATAKA, REP. BY ITS HCGP, DHARWAD.
…PROFORMA ACCUSED)
(BY SRI. PRAVEEN K. UPPAR, AGA FOR A1 & A2)
THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO, PUNISH THE ACCUSED FOR DISOBEYING THE
ORDER DATED 21.09.2023 PASSED BY THIS HON’BLE COURT IN W.P.NO.105185/2023 AT ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CONTEMPT PETITION, COMING ON FOR HEARING ON IA, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
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NC: 2025:KHC-D:36-DB CCC No. 100098 of 2024
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
The complainant, who is dismissed from service after the disciplinary proceedings, is successful before this Court in W.P.No.105185/2023 which is as against the orders of the Karnataka State Administrative Tribunal in Application No.10820/2024. This Court, by the order dated 21.09.2023, has directed the complainant to be reinstated with all consequential benefits within a certain timeline. It is undisputed that after this order and during the pendency of the present contempt proceedings, the petitioner has been reinstated and has also been given financial benefits.
The petitioner’s grievance is the alleged failure to grant him promotion on par with the promotion granted to his juniors. Sri Sharanbasavaraja C.S., the learned counsel for the complainant, and Sri Praveen K. Uppar, the learned Additional Government Advocate, who is called upon to accept notice for the first to third accused, are heard.
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NC: 2025:KHC-D:36-DB CCC No. 100098 of 2024
In the light of the afore circumstances and complainant’s case that his representation dated 26.06.2024 for grant of promotion has not been considered, this Court is of the considered view that the petitioner must pursue his remedy as against the non-consideration of the representation and there is no cause for continuing the present proceedings. As such, the proceedings are closed subject to all just exceptions in law.
Sd/- (B.M.SHYAM PRASAD) JUDGE
Sd/- (RAMACHANDRA D. HUDDAR) JUDGE
VMB/CT-AN List No.: 1 Sl No.: 53