Anwar Husena Bammanali v. Uma Mahadevan (Contempt Petition)

Contempt Petition (Civil) · 2018 INSC 641Decided 26 Jul 2018
Contempt Petition (Civil) Nos. 834-847 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

This contempt petition arose out of an earlier Supreme Court order in a related employment matter (SLP(C) Nos. 23757-23763/2016) against the State of Karnataka. A Karnataka government officer, Ms. Deepa M. Cholan, had given an instruction to the state's standing counsel that led to contempt proceedings being initiated against her. Following the Court's earlier direction, she personally appeared before the Court and filed an affidavit explaining the circumstances behind that instruction. Separately, the petitioner, who had been selected for the post of Superintendent Grade-I (Probation Officer Grade-I) under a 2012 notification, had not been appointed only because no vacancy was available at the time.

Decision Breakdown

The Court accepted the officer's explanation as satisfactory and dropped the contempt proceedings against her. On the separate but connected appointment issue, since the State confirmed 31 vacancies existed in the relevant post and the petitioner had genuinely been selected but missed out only for lack of a vacancy, the Court directed the Karnataka government to appoint him forthwith against one of the available vacancies, while expressly clarifying that this direction was based on the peculiar facts of this case, was not to be treated as a precedent, and that his seniority would run only from his actual date of appointment (not backdated). The contempt petitions were disposed of accordingly.

Lesson Learnt

A government official facing a contempt charge can avoid being held in contempt by satisfactorily explaining their conduct to the Court, and the Supreme Court can use its "complete justice" power to grant a deserving, already-selected candidate an appointment even years later, but it will often clarify that such relief is case-specific and does not set a general precedent or confer backdated seniority.

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