- 1 - NC: 2025:KHC-D:7008-DB WP No. 101585 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO.101585 OF 2025 (S-CAT) BETWEEN: 1. UNION OF INDIA MINISTRY OF DEFENCE SENA BHAVAN, SOUTH BLOCK, NEW DELHI-110001. REPRESENTED BY THE SECRETARY 2. FLAG OFFICER COMMANDING-IN-CHIEF HEADQUARTERS, WESTERN NAVAL COMMAND, SAHID BHAGAT SINGH ROAD, MUMBAI-400001. 3. COMMAND CIVILIAN PERSONNEL OFFICER (CCPO) HEADQUARTERS, WESTERN NAVAL COMMAND, SAHID BHAGAT SINGH ROAD, MUMBAI-400001. 4. FLAG OFFICER COMMANDING HEADQUARTERS KARNATAKA NAVAL COMMAND NAVAL BASE, KARWAR-581308. 5. STAFF OFFICER HEADQUARTERS KARNATAKA NAVAL COMMAND NAVAL BASE, KARWAR-581308, (U.K. DISTRICT) YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:7008-DB WP No. 101585 of 2025 6. COMMODORE SUPERINTENDENT NAVAL SHIP REPAIR YARD, NAVAL BASE, KARWAR-581308. …PETITIONERS (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: SHRI RAVI D. ANKOLEKAR AGE. 35 YEARS, S/O. SHRI. DINGA ANKOLEKAR R/O. AT. MUDGA, AMDALLI-581324, KARWAR TALUK, DIST. UTTARA KANNADA. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 02/09/2024 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL BZNGALORE IN CP(C) NO.170/00033/2018 VIDE ANNEXURE-N TO MEET THE ENDS OF JUSTICE AND EQUITY & ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:7008-DB WP No. 101585 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present writ petition is filed challenging the order dated 02.09.2024 passed by the Central Administrative Tribunal, Bangalore Bench1 in Contempt Petition.No.170/00033/2018 whereunder the petitioners were given three months time as a last instance for complying with the order passed by the CAT in O.A.No.170/00084/2017. 2. The relevant facts in a nutshell leading to the present petition are that pursuant to an advertisement issued on 20/26.08.2011, by the Headquarters, Karnataka Naval Area calling for applications to fill up 3 vacant posts of Master Grade-II at Naval Ship Repair Yard (Kar). The respondent had applied for the same. The criteria prescribed was that the candidate should be between 18 to 40 years and should have education qualification of matriculation or an equivalent qualification from a recognized institute, as also, work experience that require 1 Hereinafter referred to as ‘CAT’ - 4 - NC: 2025:KHC-D:7008-DB WP No. 101585 of 2025 a certificate of Master Class-II ISV for at least 2 years of independent handling of a craft of 20 HP. Pursuant to the selection process, three candidates were provisionally selected. That, the respondent was also selected, but was kept as reserve No.1. The candidature of two of the selected candidates was cancelled and consequently the respondent was selected and he was called upon to report for duty for completion of pre-recruitment formalities. However, by order dated 18.06.2016, the appointment of the respondent was cancelled which was called in question by the respondent in O.A.No.170/00084/2017 before the CAT. Vide order dated 03.01.2018, O.A.No.170/00084/2017 was allowed and a direction was issued for the respondent to be appointed. The said order dated 03.01.2018 of the CAT was challenged by the petitioners herein before a Co-ordinate Bench of this Court in W.P.No.101906/2018. This Court by order dated 21.03.2019 dismissed the said writ petition and directed the process of consideration of the respondent to the applied post and the process to be completed within six - 5 - NC: 2025:KHC-D:7008-DB WP No. 101585 of 2025 weeks. Subsequently, a criminal complaint was lodged against the respondent in respect of which, an FIR dated 24.08.2021 in Crime.No.36/2021 was registered by the Karwar Rural Police Station. Seeking for quashing of the FIR, respondent was before this Court in W.P.No.100172/2022. Learned Single Judge of this Court vide order dated 23.02.2024, allowed the said writ petition and quashed the proceedings in Crime.No.36/2021. 3. The respondent thereafter filed Contempt Petition No.170/00033/2018 before the CAT seeking for implementation of the orders dated 03.09.2024 passed in O.A.No.170/00084/2017. The petitioners who were the respondents before the CAT contested the said contempt proceedings. The CAT by its order dated 26.11.2024 held that the petitioners were required to implement the order dated 03.09.2024 passed in O.A.No.170/00084/2017 and directed the personal presence of the respondents therein. Being aggrieved, the said respondents have filed the present writ petition. - 6 - NC: 2025:KHC-D:7008-DB WP No. 101585 of 2025 4. Learned counsel Sri.Shivaraj S. Ballolli vehemently contended that the appointment of the respondent was on the basis of the fraudulent documents that have been produced and that the contempt petition ought to have been rejected. The said contention is ex- facie unsustainable and liable to be rejected having regard to the admitted position that the CAT vide order dated 03.01.2018 had directed the appointment of the respondent within 3 months. The said order of the CAT was called in question before a Co-ordinate Bench of this Court, which while dismissing the writ petition, held as follows: “7. We have perused the impugned order to state the least, it is shocking that the authority has passed one line cryptic order whereby the respondent has been merely intimated that he does not fulfill the eligibility criteria. We are unable to comprehend the reasons behind such a cryptic order. No reasons are assigned. No ground is made out. The factum of authentication of the certificate is also not taken into consideration. That apart, the fact remains that the respondent who had applied has been interviewed and also found physically fit - 7 - NC: 2025:KHC-D:7008-DB WP No. 101585 of 2025 and thereafter he has been placed as a reserve in the selection list. All these facts are not denied. That being the case, the respondent was vested with a semblance of right by having successfully completed the selection procedure, it was incumbent and imperative for the respondents to have assigned a valid reason for rejecting his application that too after having intimated him that he is successfully qualified to be appointed to the post. 8. The action of the petitioners is a gross violation of the principles of natural justice. A minimum of a notice at least, was required of the petitioners. The petitioners having announced that the petitioners had successfully completed selection process, ought to have put him a notice with regard to any adverse finding against him. Even otherwise, the enquiry conducted behind the back of the respondent has also not proved detrimental, on the other hand, the authorities have authenticated the certificate issued holding him competent to drive a vessel fitted with an engine of a particular horsepower. 9. In that view of the matter, though the order impugned is cryptic and leaves much to desire the same yardstick applies to the order passed by the petitioners also. It is seen that the post has been advertised in 2014, more than five - 8 - NC: 2025:KHC-D:7008-DB WP No. 101585 of 2025 years have passed-by, only on account of the litigation before the Courts. In that view of the matter, the order dated 18.02.2016 canceling the candidature of the respondent cannot be justified in any circumstances or any ground whatsoever. Hence, the writ petition stands dismissed. The petitioners shall expedite the process of consideration of the respondent to the applied post and complete the same within six weeks from the date of receipt of this order.” (Emphasis supplied) 5. Subsequently, the petitioners herein have been lodged a complaint in respect of which an FIR having been registered in Crime No.36/2021, the same was called in question before this Court in W.P.No.100172/2022. Learned Single Judge of this Court while considering the said writ petition, noticed the earlier order of the Division Bench of this Court and allowed the writ petition and quashed the criminal proceedings. It is pertinent to notice paragraphs 31 and 33 of the said order which is extracted herein for ready reference: - 9 - NC: 2025:KHC-D:7008-DB WP No. 101585 of 2025 “31. It is therefore clear that the argument that the petitioner was ineligible because he had furnished a forged certificate cannot be permitted to be agitated afresh by the respondents by recourse to a criminal proceeding. If this argument of the respondents is accepted, it would basically amount to the respondents getting over the order passed by the Division Bench of this Court, which held that the petitioner satisfied the eligibility criteria on consideration of one document and permit them to raise a fresh plea that the petitioner was ineligible on the basis of another document. 32. It is to be stated here that the alleged forged certificate dated 10.12.1990 was not the document which established the petitioner’s eligibility, and his eligibility was basically determined by the certificate which had been issued by the Government of West Bengal. In other words, de hors the alleged forged document, this Court had already held that the petitioner was eligible to be appointed on the basis of another document which had been issued by the Government of West Bengal. 33. In that view of the matter, the attempt by the respondents to initiate criminal proceedings after having suffered the adverse orders before this Court is a clear attempt to once again raise the bogey of the petitioner’s ineligibility to be appointed - 10 - NC: 2025:KHC-D:7008-DB WP No. 101585 of 2025 despite the appointment of the petitioner having been upheld by the CAT and confirmed by the Division Bench of this Court. The proceedings initiated with the design of overcoming the orders of this Court would be a clear abuse of the process of law and cannot be sustained. Consequently, the proceedings are quashed.” (Emphasis supplied) 6. The CAT while considering the contempt petition has noticed the earlier round of litigation as well as the order passed by the learned Single Judge of this Court quashing the criminal proceedings and has recorded finding that an attempt is made to contest the matter on merits afresh. Thereafter, noticing the request made by the petitioners herein for three months, granted three months time as a last chance for complying with the order of the CAT. Instead of complying with the order of the CAT, the present writ petition is filed. 7. As noticed above, the Co-ordinate Bench while dismissing W.P.No.101906/2018 has noticed that the action of the petitioners herein canceling the candidature of the - 11 - NC: 2025:KHC-D:7008-DB WP No. 101585 of 2025 respondent would not be justified in any manner and noticing that the advertisement has been published in the year 2014, directed the petitioners to expedite the process of consideration of the respondent to apply the post within six weeks. Thereafter, the criminal proceedings having been initiated by the petitioners. The learned Single Judge of this Court while allowing W.P.No.100172/2022 vide its order dated 23.02.2024 has noticed that the initiation of the criminal proceedings after having suffered adverse order is a clear abuse of process of law. 8. Despite the strong observations made by the Division Bench of this Court as well as the learned Single Judge, the petitioners have once again contested the contempt proceedings and attempted to urge various grounds on the merits of the matter. Although the aspects regarding the merits of appointment of the respondent has already attained finality, the CAT noticing the fact situation, granted three months time as a last chance for compliance, as requested, despite which, the present writ petition is filed. - 12 - NC: 2025:KHC-D:7008-DB WP No. 101585 of 2025 9. It is clear from the aforementioned that filing of the present writ petition itself is a gross abuse process of this Court and in the considered opinion of this Court, the present writ petition is required to be dismissed by imposing exemplary costs as well as by observing the conduct of the petitioners in filing the present writ petition. However, we refrain from passing any orders in that regard having regard to the plea made by learned counsel Sri.Shivaraj S. Ballolli on behalf of the petitioners that such attempt will not be repeated by the petitioners. 10. In view of the aforementioned, writ petition stands dismissed. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE NC LIST NO.: 1 SL NO.: 15