K. Ramesh v. Sri Ravinder Gupta

HON'BLE SRI JUSTICE RAMESH RANGANATHAN AND HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CONTEMPT CASE No.2303 of 2015 & CONTEMPT CASE No.15 of 2016 COMMON ORDER : (Per Hon'ble Sri Justice Ramesh Ranganathan) The order, violation of which is alleged in these contempt cases, is the order passed by this Court in W.P.No.39158 of 2013 and batch dated 29.04.2015. By the said order, the Railways was directed to undertake and complete the exercise of gathering data, and forming its opinion on the parameters laid down by the Supreme Court in M.Nagaraj v. Union of India[1], with utmost expedition and, in any event, not later than six months from the date of receipt of a copy of this order. This Court further held that it was open to the Railways to make in-charge arrangements in the interregnum, making it clear to those, who were given charge of the posts, that this arrangement was temporary and would continue only till the exercise of formation of opinion, on the need to provide reservation in promotion, is completed.

Sri L.Ravi Chander, learned Senior Counsel appearing on behalf of the respondent-Railways, would submit that this exercise of gathering data, and forming an opinion on the parameters laid down by the Supreme Court in M.Nagaraj1, has been completed within the six month period stipulated by this Court; on completion of such an exercise, the Railways

were of the opinion that members of the Schedule Castes were under-represented in different posts in the Railway service; and, thereafter, the rule of reservation had been implemented, and promotions have been given to members of the Scheduled Castes.

Sri J.Sudheer, learned counsel for the petitioners, would submit that, in view what has been stated by the learned Senior Counsel, the respondents cannot be said to have violated the order of this Court.

Both the Contempt Cases are, accordingly, dismissed. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed.

____________________________ RAMESH RANGANATHAN, J ________________________________ M.SATYANARAYANA MURTHY, J 29.02.2016 v v [1] 2006 (8) SCC 212