Karnataka High Court
Dr Sakey Shamu vs Dr P Dayananda Pai on 30 September, 2024
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NC: 2024:KHC:40735-DB
CCC No. 542 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
CCC NO. 542 OF 2024 (CIVIL)
BETWEEN:
1. DR. SAKEY SHAMU
S/O. LT. CHINNAIAH
AGED ABOUT 60 YEARS
PROFESSOR IN CIVIL ENGINEERING
BMS COLLEGE OF ENGINEERING
BANGALORE - 560 019
RESIDING AT No.58, NEW No.102
PUTTANNA ROAD
BASAVANAGUDI
BANGALORE - 560 004
...COMPLAINANT
(BY DR. SAKEY SHAMU, PARTY-IN-PERSON)
Digitally signed by
PRABHAKAR
SWETHA AND:
KRISHNAN
Location: High
Court of Karnataka 1. DR. P. DAYANANDA PAI
CHAIRMAN
BOARD OF MANAGEMENT
BMS COLLEGE OF ENGINEERING
LIFE TRUSTEE
BMS EDUCATIONAL TRUST
PB No.1908
BULL TEMPLE ROAD
BANGALORE - 560 019
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CCC No. 542 of 2024
2. DR. S. MURALIDHARA
PRINCIPAL (I/C)
BMS COLLEGE OF ENGINEERING
PB No.1908
BULL TEMPLE ROAD
BANGALORE - 560 019.
3. SRI. PRASANNA H, I.A.S.
DIRECTOR
DEPARTMENT OF TECHNICAL EDUCATION,
GOVERNMENT OF KARNATAKA
No.1, PALACE ROAD
BENGALURU - 560 001.
4. SRI. JAGADEESHA G, I.A.S.
COMMISSIONER
DEPARTMENT OF COLLEGIATE AND
TECHNICAL EDUCATION
GOVERNMENT OF KARNATAKA
No.1 PALACE ROAD,
BENGALURU - 560 001.
...ACCUSED
5. STATE OF KARNATAKA
REPRESENTED BY
PRINCIPAL SECRETARY
HIGHER EDUCATION DEPARTMENT,
MS BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001.
...PROFORMA RESPONDENT
(BY SRI. VARUN JOSHI, ADVOCATE FOR
SRI. BHADRI VISHAL, ADVOCATE FOR R1 AND R2;
SMT. PRAMODHINI KISHAN, AGA FOR R3 TO R5)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
CONTEMPT OF COURTS ACT, 1971, BY THE PARTY-IN-
PERSON/COMPLAINANT, WHEREIN HE PRAYS THAT THE
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CCC No. 542 of 2024
HON'BLE COURT MAY BE PLEASED TO INITIATE CONTEMPT
OF COURT PROCEEDINGS AGAINST THE ACCUSED HEREIN
FOR THEIR WILLFUL DISOBEDIENCE OF THE ORDER DATED
29.08.2023 PASSED IN WP NO.12545/2023 (S-RES) AT
ANNEXURE-A, WITH THE COSTS OF THIS PROCEEDINGS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) There are two reasons as to why the Court is not entertaining the present contempt petition. First is that, the order is an interim order. The proceedings of the main petition are pending at large and are yet to be decided finally on its merits. By very nature of the order, the rights of the parties are not finally crystallised. In that view, the Court is not inclined to entertain the present contempt petition. It will be open for the complainant-party-in-person to workout his rights and remedies before learned Single Judge where the parent proceedings are pending. -4-
NC: 2024:KHC:40735-DB CCC No. 542 of 2024
2. Secondly, it was stated jointly by party-in-person Dr. Sakey Shamu as well as learned advocate Mr. Varun Joshi for learned advocate Mr. Bhadri Vishal for respondent Nos.1 and 2 and learned Additional Government Advocate Smt. Pramodhini Kishan for respondent Nos. 3 to 5 that as the issue involved in this case is referred to Larger Bench, the parties shall abide by the decision which may be rendered by the Larger Bench in the writ petition.
The contempt petition is not entertained. Accordingly, it is dismissed.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(K. V. ARAVIND) JUDGE CR List No.: 1 Sl No.: 34