- 1 - HC-KAR NC: 2026:KHC:5616-DB CCC No. 19 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 19 OF 2026 BETWEEN: 1. SRI UPENDRA KUMAR A.S. S/O SRI SHESHAGIRI A.V. AGED ABOUT 41 YEARS WORKING AS STATION MECHANIC GRADE-I 66/11, K.V. MUSS, KUNIGAL R/O NRUPATUNGA EXTENSION 3RD MAIN, 5TH CROSS TUMKUR …COMPLAINANT (BY SRI NARASIMHARAJU, ADVOCATE) AND: 1. MR. B R DAYANAND GENERAL MANAGER, (ADMINISTRATION AND HUMAN RESOURCES) NO. 405, 4TH FLOOR, BELAKU BHAVAN CORPORATE OFFICE (BESCOM) K.R. CIRCLE BENGALURU - 560 001 …ACCUSED (BY SRI CHANDRACHUD A., CGSPC) THIS CCC IS FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURT ACT, 1971 PRAYING TO TAKE THE Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5616-DB CCC No. 19 of 2026 COGNIZANCE AGAINST THE ACCUSED PERSONS/ RESPONDENT AND PUNISH THEM IN ACCORDANCE WITH LAW IN VIEW OF THEIR DELIBERATE DISRESPECT INTENTION SHOWN TOWARDS THE ORDERS OF THE LEARNED SINGLE JUDGE DATED 13.06.2023 PASSED IN R.P.NO.260/2023 IN W.P.NO.291/2023 IN DECLINING TO ACCOMMODATE PROMOTION BY VIRTUE OF EXISTING SENIORITY LIST DATED 15.10.2022 AND 19.10.2022 PERTAINS TO TUMAKURU CIRCLE & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present complaint alleging wilful disobedience of the order dated 13.06.2023 passed by the learned Single Judge of this Court in R.P.No.260/2023 arising out of W.P.No.291/2023. 2. It is clear from the order dated 13.06.2023 that the review petition is not maintainable, however, certain clarifications were issued. The judgment dated 21.03.2023 passed in W.P.No.20991/2022 (S-RES) which was clubbed with - 3 - HC-KAR NC: 2026:KHC:5616-DB CCC No. 19 of 2026 W.P.No.291/2023 is a common judgment. Insofar as W.P.No.20991/2022 is concerned, the said order was set aside by the order dated 12.09.2024 passed by the Division Bench of this Court in W.A.No.894/2023 (S-RES). 3. In view of the above, there is a serious controversy as to whether the common order was required to be implemented. In this view, we do not consider it apposite to initiate any proceedings for wilful disobedience of the order passed in the review petition. 4. As contended by Shri A. Chandrachud, the learned counsel appearing for the accused, an allegation of wilful disobedience of the order passed in review petition or otherwise, would not maintainable. However, given the facts obtaining in this case, we do not consider it necessary to examine this contention in any further detail. We are also informed that the complainant has filed a substantive petition, W.P.No.1906/2026 seeking somewhat similar relief. - 4 - HC-KAR NC: 2026:KHC:5616-DB CCC No. 19 of 2026 5. The learned counsel appearing for the complainant fairly concedes that if the complainant succeeds in the said writ petition, the present complaint would not survive. The substantive issue raised in the said petition is similar to what the complainant seeks by enforcement of the order, the disobedience of which is alleged. 6. In view of the above, the present complaint is closed. However, we clarify that all rights and contentions of the parties in the proceedings are reserved. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 2 Sl No.: 7