caselaws
Supreme Court of India
Anwar Husena Bammanali vs Uma Mahadevan on 26 July, 2018Author: Kurian
Bench: S K Kaul, K Joseph
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
INHERENT JURISDICTION
CONTEMPT PETITION(C) No(s). 834-847/2018
IN
SLP(C) No(s). 23757-23763/2016
ANWAR HUSENA BAMMANALI Petitioner(s)
VERSUS
UMA MAHADEVAN Respondent(s)
IN THE MATTER OF:
ANWAR HUSENA BAMMANALI Petitioner(s)
VERSUS
THE STATE OF KARNATAKA & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
(1) We have heard learned counsel for the parties.
(2) Pursuant to our order dated 6th July, 2018, Ms. Deepa
M. Cholan, Director, Women and Child Development
Department, Bengaluru, who as of now is discharging her
duty as Deputy Commissioner, Dharwad, is present in the
court in-person. She has also filed an affidavit on 23rd
July, 2018 explaining the circumstances which led to the
Signature Not Verified
Digitally signed by
MAHABIR SINGH
Date: 2018.07.30
17:29:24 IST
instruction given to the standing counsel.
Reason:
(3) Explanation offered in the said affidavit is accepted
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and further proceedings in the contempt petitions against
Ms. Deepa M. Cholan are dropped.
(4) We are informed that vacancies that there are 31
vacancies in the post of Superintendent Grade-I (Probation
Officer Grade-I).
(5) Having regard to the peculiar facts and circumstances
of this case, we are of the view that interest of justice
would be met and complete justice would be done in case
the petitioner is appointed against one of the available
vacancies since, as a matter of fact he stood selected
pursuant to Notification dated 18.01.2012 and only because
of non-availability of vacancies his case could not be
considered.
(6) Hence, we issue a direction to the Government of
Karnataka to appoint the petitioner forthwith against one
of the available vacancies as Superintendent Grade-I
(Probation Officer Grade-I).
(7) We make it clear that this order is made in the
peculiar facts of the present case and shall not be
treated as a precedent. To avoid any further dispute with
regard to the future seniority of the petitioner, we
clarify that the seniority of the petitioner will be only
3
from the date of his appointment.
(8) The contempt petitions are accordingly disposed of.
……………….J.
(KURIAN JOSEPH)
…………………J.
(SANJAY KISHAN KAUL)
NEW DELHI
JULY 26, 2018
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