SC orders BBMP to withdraw promotions of engineers; disposes of contempt against BBMP Commissioner

The Supreme Court has directed the municipal body BBMP to withdraw the promotion orders issued in July 2018 to a group of junior engineers to the post of assistant executive engineers in violation of undertakings given before the Karnataka High Court.

A bench of Justices U U Lalit, Indu Malhotra, and Hemant Gupta disposed of contempt proceedings against then BBMP Commissioner N Manjunath Prasad and others as the officers, led by senior advocate Basava P Patil and advocate Sanjay M Nuli, tendered an unconditional apology for breaching the HC's interim orders.

They also submitted promotions were effected on “incorrect understanding” of the directions issued by the apex court in B K Pavitra (2017) judgement (wherein SC had declared provisions of the 2002 Karnataka law on promotion of employees belonging to the SC/ST category as ultra vires right to equality and others).

On this, the court ordered that the officers who were promoted in violation of the HC's orders should be reverted back to their original post. However, no proceedings for recovery of monetary benefits or emoluments should be initiated against anyone, it said.

“While exercising jurisdiction in contempt, we may not punish the contemnors if the act committed by them would be within the sphere of bona fide and mistaken impression,” the bench said.

“But at the same time, any act in transgression or violation of the binding nature of the orders passed by the court cannot be allowed to stand and the relationship between the parties cannot be allowed to be governed by such invalid act,” the bench added.

The top court allowed an appeal filed by Imran P A and others against the High Court's order of January 8, 2019. The HC had declined to initiate contempt proceedings against the BBMP's top officers.

Petitioners contended despite clear interim directions by the HC, the municipal body issued orders affecting promotions on July 12, 2018, and July 30, 2018. Certain persons who were till then occupying the posts of Junior Engineers (group ‘C’) were directly promoted to the level of Assistant Executive Engineer (group ‘A’).

During the hearing, some of the officers, acting as an intervenor, contended they were entitled to get promoted. To this, the court clarified that it was not dealing either with the merits or demerits of entitlement of any section of the officers.

It also said the affected party may approach the HC for expeditious disposal of the matter and even plead to change the interim orders, but only after promotions orders were withdrawn.