Karnataka High Court
Sri. R Venkataramu vs Dr. N. Manula I.A.S on 15 November, 2022
Author: B.Veerappa
Bench: B.Veerappa
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA
C.C.C. No.1562/2019 (CIVIL)
BETWEEN:
SRI. R. VENKATARAMU
S/O LATE T.C.RAMAKRISHNAIAH,
AGED ABOUT 67 YEARS,
R/AT NO.1789, 18TH A-MAIN,
II PHASE, J.P.NAGAR,
BENGALURU-560078
...COMPLAINANT
(BY SRI. RAGHAVENDRACHAR M., ADVOCATE)
AND:
1. DR. N. MANULA, I.A.S.,
THE CHAIRMAN AND MANAGING DIRECTOR,
KARNATAKA POWER TRANSMISSION CORPORATION LTD.
CAUVERY ABHAVAN,
MYSURU BANK CIRCLE,
BENGALURU-560009.
2. SRI. GOPALAKRISHNA I.A.S.,
THE GENERAL MANAGER (ADMIN AND HRD)
KARNATAKA POWER TRANSMISSION CORPORATION LTD.
(THE POST OF GENERAL MANAGER
NOW CALLED AS DIRECTOR)
CAUVERY BHAVAN,
MYSORE BANK CIRCLE,
BENGALURU-560009
...ACCUSED
-2-
(BY SRI. HARIKRISHNA S HOLLA, ADVOCATE FOR A-1 & A-2)
***
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 INTENTIONAL, WILLFULL DISOBEDIENCE OF THE ORDER
OF THIS HON'BLE COURT PASSED IN W.P.NO.44813/2013 (S-
RES) DATED 11.09.2018 AND PUNISH THE ACCUSED IN
ACCORDANCE WITH THE CONTEMPT OF COURTS ACT, OF 1971
AND ISSUE SUCH OTHER DIRECTIONS AS DEEMS FIT IN
CIRCUMSTANCES OF THE CASE AND AWARD COST FO THE
PETITION.
THIS CCC COMING ON FOR ORDERS, THIS DAY,
B.VEERAPPA J., PASSED THE FOLLOWING:
ORDER
The complainant has filed the present civil contempt petition to take action against the accused under the provisions of Sections 11 and 12 of the Contempt of Courts Act for willful disobedience of the order dated 11.09.2018 passed by the learned Single Judge made in W.P. No.44813/2013, wherein the learned Single Judge while allowing the writ petition -3- has directed the accused to pay 12% per annum for the delayed retirement benefit and in respect of promotion, the respondent/Corporation is directed to consider the case of the petitioner and pass appropriate order and the other consequential pensionery benefits, if he is promoted retrospectively.
2. Dr. N. Manjula, Managing Director of Karnataka Power Transmission Corporation Limited, Bengaluru has filed affidavit and specifically stated at paragraph No.2, 3 and 4 as under:
"2. I submit that in pursuance of directions issued by this Hon'ble Court vide order dated 11.09.2018 to pay interest @ 12% p.a, a sum of Rs.5,44,004/- was paid to complainant on 27th April, 2019. A copy of official memorandum dated 27.04.2019 is enclosed herewith as ANNEXURE-R-1. As regards to direction to grant promotion to the complainant, it is submitted that a formal proforma promotion order is issued vide order dated 04.10.2019. A copy of order bearing No. -4- KPTCL/B44/87921/2018-19 dated 04.10.2019 is produced herewith as ANNEXURE-R-2.
3. I submit that in pursuance of above said order, the pay of the complainant has been refixed vide pay slip dated 05.10.2019. A copy of pay slip dated 5th October, 2019 is produced herewith as ANNEXURE-R-3.
4. I submit that in this regard, a detailed order has been passed bearing No. KPTCL/B44/87921/2018-19 dated 9th October, 2019 wherein it is stated that, since the complainant has already drawn monetary benefits on grant of Next Higher Time Scale as per order No.KEB/B16/5816/82-83 dated 7th September 1982. Hence he is not entitled for any reliefs sought for, and the question of revision of pension again does not arise. A copy of order dated 9th October, 2019 is produced herewith as ANNEXURE-R-4."
3. Thereby, the order passed by the learned Single Judge has been complied.
-5-
4. In view of the above, we pass the following:
ORDER The Civil Contempt Proceedings are hereby dropped.
Sd/-
JUDGE Sd/-
JUDGE MBM