R Ranganath vs Sri S R Umashankar, I A S on 16 October, 2020

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Karnataka High Court

R Ranganath vs Sri S R Umashankar, I A S on 16 October, 2020

Bench: Abhay S. Oka

                           1



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 16TH DAY OF OCTOBER, 2020

                        PRESENT

       THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                          AND

        THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

             C.C.C. NO. 423 OF 2020 (CIVIL)

BETWEEN:
R.RANGANATH
S/O RAMAIAH
AGED 40 YEARS, WORKING AS
ATTENDER, SIR M.VISHWESHWARAYA
MEMORIAL PRE UNIVERSITY COLLEGE
CHIKKABALLAPUR-562 101
AND RESIDING AT AMBEDKAR NAGAR
CHAMARAJAPET
CHIKKABALLAPUR-562 101.
                                      ... COMPLAINANT
(BY SHRI SUBRAMANYA BHAT M, ADVOCATE)


AND:

1. SRI S.R.UMASHANKAR, I.A.S.,
SECRETARY,
DEPARTMENT OF PUBLIC INSTRUCTIONS
M.S.BUILDING
BANGALORE-560 001.

2. SMT.M.KANAGAVALLI
DIRECTOR
PRE UNIVERSITY EDUCATION BOARD
MALLESWARAM
BANGALORE-560 012.
                                2


3. SRI N.ANAND
DEPUTY DIRECTOR OF
P.U. BOARD
CHIKKABALLAPUR-562 101.
                                                ... ACCUSED
(BY SHRI B.V.KRISHNA, ADDL. GOVERNMENT
ADVOCATE)
                         ---
      THIS C.C.C. IS FILED UNDER SECTIONS 11 AND 12
OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO
INITIATE CONTEMPT PROCEEDINGS AGANST THE
ACCUSED FOR HAVING DELIBERATELY DISOBEYED THE
ORDER DATED 11.12.2019 PASSED IN W.P. No.41646/2017
(ANNEXURE-C), AND ETC.

     THIS C.C.C. COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE
THE FOLLOWING:
                           ORDER

Heard the learned counsel appearing for the petitioner-complainant.

2. The learned Additional Government Advocate tenders an affidavit of Smt.A.N.Geetha, the Incumbent Deputy Director of Pre-University Education Board, Chikkaballapur, who is personally present through video conferencing. A copy of the order dated 12th August, 2020 is annexed to the said affidavit. By the said order, the representation made by the petitioner in terms of the order 3 dated 11th December, 2019, the breach of which is complained of, has been disposed of.

3. The learned counsel appearing for the complainant has a grievance about the grounds on which the order dated 12th August, 2020 has been passed. The remedy for the complainant is to file appropriate proceedings in accordance with law for challenging the said order.

4. There is a delay in complying with the order of which the breach is alleged. However, the third respondent- accused has tendered an unconditional apology for the delay. The apology deserves to be accepted.

5. Accordingly, the contempt petition is disposed of. The remedy of the complainant for challenging the order dated 12th August, 2020 is kept open.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE vgh*

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