Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO.100019 OF 2025 C/W WRIT APPEAL NO.100102 OF 2025 (S-KSRTC) IN CIVIL CONTEMPT PETITION NO.100019 OF 2025: BETWEEN: SRI. ANAND, S/O BASALINGAPPA MAIGUR, AGE. 45 YEARS, OCC. CONDUCTOR AT N.W.K.R.T.C., JAMAKHANDI DEPOT, BAGALKOT DIVISION, BAGALKOT, DIST. BAGALKOT 587301. …COMPLAINANT (BY SRI. M.S. HARAVI, ADVOCATE) AND:
1. SMT. PRIYANGA M (I.A.S)
THE MANAGING DIRECTOR, ASHPAK NORTH WEST KARNATAKA ROAD, KASHIMSA MALAGALADINNI TRANSPORT CORPORATION, CENTRAL OFFICES, GOKUL ROAD, HUBBALLI, Digitally signed by ASHPAK KASHIMSA DISTRICT. DHARWAD 580009. MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH 2. MR. NITIN HEGDE, THE DIVISIONAL CONTROLLER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION BAGALKOT DIVISION, BAGALKOT, DIST. BAGALKOT 587101. …ACCUSED (BY SRI. PRASHANT S. HOSMANI, ADVOCATE FOR A1 & A2) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO, INITIATE CONTEMPT -2- PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THEM SUITABLY UNDER SECTION 11 AND 12 OF CONTEMPT OF COURT ACT, 1971 FOR HAVING COMMITTED WILLFUL DISOBEDIENCE OF THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.104703/2024 DATED 14-10-2024 AS PER ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY. IN WRIT APPEAL NO.100102 OF 2025: BETWEEN:
1. THE MANAGING DIRECTOR, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, GOKUL ROAD HUBLI, DIST. DHARWAD 580009.
2. THE DIVISIONAL CONTROLLER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, BAGALKOT DIVISION, BAGALKOT, DIST. BAGALKOT 587301.
3. THE DEPOT MANAGER, NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, JAMAKHANDI DEPOT, JAMAKHANDI 587301, DIST. BAGALKOT. …APPELLANTS (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) AND: SRI. ANAND, S/O BASALINGAPPA MAIGUR, AGE. 45 YEARS, OCC. CONDUCTOR, AT NWKRTC, JAMAKHANDI DEPOT, BAGALKOT DIVISION, BAGALKOT, DIST. BAGALKOT 587301. …RESPONDENT (BY SRI. M.S. HARAVI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND ALLOW THE SAID WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. -3- THE CONTEMPT PETITION AND THE WRIT APPEAL, COMING ON FOR ORDERS, 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
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present intra-court appeal is filed under Section 4 of the Karnataka High Court Act, 1961, by the respondents before the learned Single Judge calling in question the order dated 14.10.2024 passed in W.P. No.104703/2024. The respondents/writ petitioner had filed the writ petition to quash the communication dated 05.07.2024.
2. The parties will be referred to as per their ranking in the writ proceedings.
3. The relevant facts are that, the writ petitioner was
appointed as a Conductor in the respondent-Corporation on 01.07.2002. That while he was on duty, he met with an accident due to which he sustained grievous injuries of fractures of back bone disc L3, L4 and L5 as a result of which he was advised to do lighter job. -4-
4. The petitioner having made a request for alternate
job, the respondent-Corporation referred the petitioner to a Medical Board, which assessed his disability as 45%. Based on the said disability, the petitioner sought for a lighter job. The petitioner was required to appear before the Verification Committee. The petitioner being aggrieved by not providing lighter job filed the writ petition. The learned Single Judge allowed the writ petition and passed the following order: “i) The petition is allowed. ii) The order dated 05.07.2024 issued as per Annexure- G is hereby quashed.
iii) A writ of mandamus is issued to the respondents to provide a lighter job to the petitioner other than the post of Conductor in commensurate to his medical disability. iv) It is needless to mention that the petitioner shall undergo reassessment of his medical condition from the Medical Board after a period of two years and furnish a fresh certificate with regard to his medical condition. v) The respondents are at liberty to consider the medical certificate issued by the Medical Board after a period of two years and take fresh decisions thereafter. -5- vi) Respondent corporation shall provide alternative lighter job to the petitioner within a period of two weeks from the date of receipt of a copy of this
order and communicate the same to the petitioner.”
5. Being aggrieved the Corporation has filed the present appeal.
6. It is the contention of the learned counsel, Sri.
Prashant S.Hosamani appearing for the appellant/Corporation that since a learned Single Judge of this Court in W.P. No.102082/2024, disposed of on 12.06.2024, has taken note of that the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 has been repealed by the Rights of Persons with Disabilities Act, 20161 and that The Rights of Persons with Disabilities Rules, 20172 have been promulgated in place of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996, the disability is required to be assessed in terms of Act of 2016 and Rules of 2017. Hereinafter referred to as ‘Act of 2016’ Hereinafter referred to as ‘Rules of 2017’ -6-
7. Per contra, learned counsel, Sri. M.S.Haravi appearing for the respondent/writ petitioner contends that the writ petitioner has not been provided with a lighter job as sought for.
8. Having regard to the aforementioned, the writ
appeal is disposed of by observing that the directions issued by the learned Single Judge shall be complied with in terms of the requirements as contemplated under the Act of 2016 and Rules of 2017.
9. The Corporation shall provide light work to the
petitioner on or before 02.04.2025. The petitioner shall appear before the Medical Board with the requisite documents within one week thereafter or on date and time as may be intimated by the Corporation. Based on the Medical Certificate that would be issued by the Medical Board, the Corporation shall take necessary steps to assign appropriate work.
10. Since the writ appeal has been disposed of by
modifying the order passed by the learned Single Judge, nothing survives for consideration in the contempt petition and the same is accordingly dropped. -7- The pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS,CT:VP LIST NO.: 1 SL NO.: 32