Karnataka High Court
Jayarama M vs Sri. Ramesh Desai on 24 January, 2022
Author: B. Veerappa
Bench: B. Veerappa
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON'BLE Mrs. JUSTICE M.G. UMA
C.C.C. No.938/2021 (CIVIL)
BETWEEN:
JAYARAMA M
S/O. MAYANNA GOWDA,
AGED ABOUT 47 YEARS,
WORKING AS SOCIAL
SCIENCE TEACHER,
MORARJI DESAI
RESIDENTIAL SCHOOL (BCM),
KAMBADA HALLI VILLAGE,
BIDIGANA HALLI
HOBALI,
NAGAMANGALA TALUK,
MANDYA DISTRICT - 571 802.
...COMPLAINANT
(BY SMT. SHILPA RANI, ADVOCATE)
AND:
1. SRI. RAMESH DESAI,
AGE MAJOR,
EXECUTIVE DIRECTOR / SECRETARY,
KARNATAKA
RESIDENTIAL EDUCATIONAL
INSTITUTIONS SOCIETY,
KARNATAKA
2
STATE CO-OPERATIVE
BOARD BUILDING,
6 & 7 FLOOR,
NEAR CHANDRIKA HOTEL,
CUNNINGHAM ROAD,
BANGALORE - 560 052
2. THE STATE OF KARNATAKA
SOCIAL WELFARE DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560 001
REPRESENTED BY ITS SECRETARY.
...ACCUSED
(BY SRI. Y.R. SADASIVA REDDY, SENIOR COUNSEL FOR
SRI. NAGAIAH, ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT OF
COURT PROCEEDINGS AGAINST THE ACCUSED FOR WILLFUL AND
DELIBERATE DISOBEDIENCE OF THE DIRECTIONS PASSED BY THE
HON'BLE COURT IN W.P.NO.58069/2015 ORDER DATED 29.01.2020 VIDE
ANNEXURE-A. PUNISH HIM IN ACCORDANCE WITH LAW.
THIS CCC COMING ON FOR ORDERS THIS DAY, THROUGH VIDEO
CONFERENCE B.VEERAPPA J., MADE THE FOLLOWING:
3
ORDER
The complainant has filed the present contempt petition to take action against accused under the provisions of Sections 11 and 12 of the Contempt of Courts Act, 1971, for willful disobedience of the order dated 29.01.2020 made in W.P.No.58069/2015 passed by the learned Single Judge, wherein, the learned Single Judge, while disposing of the writ petition, recorded a finding that it is not in dispute that the petitioner is continued in service till date, may be in terms of the interim order passed by this Court, but for that reason weightage which has been given to the petitioner cannot be denied on the reason that no vacancies are available in the respondent No.3-Institution at present and the petitioner is entitled to the due weightage in terms of the order of the Division Bench in W.A.No.5127/2012 and allied matters and the same shall be extended to the petitioner in an expeditious manner.
2. Heard Smt. Shilpa Rani, learned counsel for the complainant and Sri.Y.R.Sadasiva Reddy, learned Senior Counsel for Sri. Nagaiah, learned counsel for accused No.1. 4
3. Sri. Nagaiah, learned counsel for accused No.1 has filed objections to the contempt petition and Sri.Y.R.Sadasiva Reddy, learned Senior Counsel submits that in terms of the order passed by the learned Single Judge, the case of the complainant has been considered taking into consideration the terms of the order passed by the Division Bench in W.A.No.5127/2012. Accordingly, endorsement came to be issued on 07.01.2022 as per Annexure-R1 annexed to the statement of objections.
4. A careful perusal of said endorsement clearly depicts that the Authority has taken into consideration the order passed in W.A.No.360/2020 and connected matters and issued endorsement. If the complainant is not happy with the endorsement dated 07.01.2022, it is always open for the complainant to challenge the impugned endorsement issued by respondent No.3/Accused No.1 in accordance with law.
5. In view of the above, we pass the following:
ORDER
(i) Contempt proceedings are hereby dropped.
(ii) It is needless to observe that it is always open for the complainant to challenge the 5 endorsement dated 07.01.2022, if he is so aggrieved, in accordance with law.
Sd/-
JUDGE Sd/-
JUDGE SMJ