LAWS(KAR)-2023-4-287

KANTAYYA Vs. K. S. BHARATH KUMAR

Decided On April 21, 2023
Kantayya Appellant
V/S
K. S. Bharath Kumar Respondents

JUDGEMENT

(1.) This contempt petition is filed alleging non-compliance of the order dtd. 20/10/2022 passed by the learned Single Judge in Review Petition No.535/2022 (Annexure-A).

(2.) A perusal of the order dtd. 20/10/2022 indicates that initially, an order dtd. 27/1/2022 was passed in Writ Petition No.9948/2020 which was filed by the complainants/petitioners. A copy of the said order dtd. 27/1/2022 is placed on record at Annexure-B (page 30). By the order dtd. 27/1/2022, the learned Single Judge disposed of the writ petition directing the respondents to complete the process of framing Special Rules for absorption of the complainants/petitioners into service within a period of six months from the date of the order. Subsequently, the accused/ respondent filed Review Petition No.535/2022 seeking review of the order passed in Writ Petition No.9948/2020. The learned Single Judge, vide order dtd. 20/10/2022, modified the order dtd. 27/1/2022 by deleting the direction given in paragraph 5 and further directed the respondent to consider the representation of the complainants in accordance with law within a period of four months from the date of the order.

(3.) Mr.S.Sriranga, learned Senior Counsel appearing for Smt.Sumana Naganand, learned counsel who accepted notice for the respondent, on instructions, submitted that immediately after the order passed by the learned Single Judge, the matter was referred to the Competent Committee of the High Court. The said Committee consisting of six Hon'ble Judges of this Court thought it fit to give an opportunity of hearing to the complainants through their representatives. Accordingly, Sri Basavaraj Shivanagudi, Sri Hajiali Koppal, Sri R.M.Yogananda, Smt.Vidya V. Kakati, Smt. Y.Lakshmidevi and Sri Krishna M, were heard by the Committee. The Committee perused the representation of the complainants and also considered plethora of rulings of the Hon'ble the Apex Court qua the draft Karnataka Subordinate Courts (Fast Track Employees Welfare) Rules, 2015 and unanimously resolved to recommend for rejection of the representation. On 5/4/2023, the decision arrived at by the Committee was communicated by the Registry of this Court to all the Principal District and Sessions Judges in the State including the Principal City Civil and Sessions Judge, Bengaluru City who, in turn, were directed to inform the same to all the employees of the Fast Track Courts working under their units. The learned Senior Counsel further submits that the respective Principal District and Sessions Judges in the State including the Principal City Civil and Sessions Judge, Bengaluru City have communicated the decision of the Committee to all the employees of the Fast Track Courts working in their units and they would again communicate the decision by way of a reminder.