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Karnataka High Court

H Subramanya Bhat vs S R Umashankar, I A S on 28 September, 2020

Bench: Aravind Kumar, Pradeep Singh Yerur

                             1




      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 28TH DAY OF SEPTEMBER, 2020

                            PRESENT

            THE HON'BLE Mr. JUSTICE ARAVIND KUMAR

                                 AND

       THE HON'BLE Mr. JUSTICE PRADEEP SINGH YERUR

                      C.C.C. No.367/2020

BETWEEN :
--------------

1.    Sri. H. Subramanya Bhat
      Aged about 73 years
      S/o. late H. Krishna Bhat
      Retd as Vice Principal
      Residing at Hamsa
      School Road, Post Vittal
      Dakshina Kannada - 574 243.

2.    Sri. U.S. Vishweshwara Bhat
      Aged about 63 years
      S/o. Ushanthu Bhatta
      Retd. as Lecturer
      Residing at Gurukrupa
      Undemane, Renkadaguthu
      Belthangadi, Belthangadi Post
      Dakshina Kannada - 574 214.

3.    Sri. N. Ramachandra Prabhu
      Aged about 66 years
      S/o. Thimmanna Prabhu N.
                               2




      Retd. as Graduate Assistant
      Residing at Furtado Layout
      Near Officers Club
      Vinayakanagar, Darbe
      Puthur - 574 202.

4.    Sri. P. Shankaranarayana Bhat
      Aged about 61 years
      S/o. Sri. Mahabala Bhat
      Retd. as Lecturer
      Residing at Patikallu House
      Kairangala Post
      Dakshina Kannada - 574 153.

5.    Sri. V. Keshava Vittal
      Aged about 64 years
      S/o. late V. Ramappa
      Retd. as Second Division Clerk
      Residing at Revathi Nivas
      Post Vittal, Bantwal taluk
      D.K. District - 574 243.         ... COMPLAINANTS

(By Sri. Chandrakantha R. Goulay, Adv.)

AND :
-------

1.    Sri. S.R. Umashankar, I.A.S.
      Secretary
      Department of Education
      M.S. Building
      Bengaluru - 560 001.

2.    Dr. K.G. Jagadeesha, I.A.S.
      Commissioner
      Department of Public Instructions
      Nrupathunga Road
                              3




     Bengaluru - 560 001.

3.   Sri. Chidre Shankaraiah Swamy
     Director (Secondary Education)
     Office of the Commissioner
     Nrupathunga Road
     Bengaluru - 560 001.       ... ACCUSED/RESPONDENTS

(By Sri. T.L. Kiran Kumar, AGA)
                                  ---


     This CCC is filed under Sections 11 and 12 of High Court of
Karnataka (Contempt of Court Proceedings) Act,1972, by the
complainants wherein they pray that the Hon'ble Court be pleased
to    initiate   contempt    proceedings     against    all   the
respondents/accused for deliberate and intentional disobedience of
the order of this Hon'ble Court as per Annexure - A dated
09.11.2012 in W.P. No. 44982-45037/2012 and confirmed in W.A.
No. 5872/2013 dated 12.04.2019 vide Annexure B and pass
appropriate suitable orders.

      This CCC coming on for Orders this day, ARAVIND KUMAR,
J, passed the following;


                            ORDER

Complainants were petitioners in W.P. Nos. 44982- 45037/2012. They are complaining that order dated 09.11.2012 passed in writ petitions which came to be affirmed in W.A. No. 5872/2013 dated 12.04.2019 has not been complied. 4

2. Having heard the learned advocates appearing for the parties we notice that only direction which came to be issued to the respondents is to consider the case of the petitioners for one increment in the light of Kannada language examination or Kannada as a subject in SSLC examination having been passed by them.

3. Learned Government Advocate has submitted that the claim of the petitioners came to be considered and by endorsement dated 24.09.2020 it has been rejected and this fact is also intimated to the complainants.

4. Sri. Chandrakantha Goulay, learned counsel appearing for the complainants also acknowledge receipt of the affidavit and endorsement dated 24.09.2020 issued to the complainants. However, the said affidavit has not been filed and it is submitted by the learned Government Advocate that same would be filed during the course of the day. Hence, placing the submission and undertaking on record and reserving liberty to the complainants to 5 challenge the endorsement dated 24.09.2020 contempt proceedings stands dropped.

Sd/-

JUDGE Sd/-

JUDGE LRS.