Nijaguni M Karadigudda vs Sri Subhashchandra Kuntia
2021 Latest Caselaw 217 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 6TH DAY OF JANUARY 2021

                      PRESENT

       THE HON'BLE MR. JUSTICE ARAVIND KUMAR

                        AND

     THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

            C.C.C. No. 1241/2016 (CIVIL)

BETWEEN:

1.    NIJAGUNI M KARADIGUDDA,
      S/O MUDIYAPPA KARADIGUDDA,
      AGED ABOUT 66 YEARS,
      RESIDING AT NO.567,
      16TH MAIN, 22ND CROSS,
      JUDICIAL LAYOUT,
      G.K.V.K. POST,
      BANGALORE - 560 065.

2.    KARNATAKA HIGH COURT EMPLOYEES'
      WELFARE ASSOCIATION,
      HIGH COURT BUILDING,
      BANGALORE - 560 001.
      REPRESENTED BY ITS PRESIDENT,
      SRI.MANJUNATH K.T.
                                    ... COMPLAINANTS

(BY SRI.M.S.RAJENDRA PRASAD, SR. COUNSEL FOR
    SRI.SHIVA MURTHY Y.M. AND
    SRI.VIVEK HOLLA, ADVOCATES)

AND:

1.    SRI.SUBHASHCHANDRA KUNTIA,
      CHIEF SECRETARY,
      STATE OF KARNATAKA,
      VIDHANA SOUDHA,
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     DR.B.R.AMBEDKAR VEEDHI,
     BANGALORE - 560 001.

2.   SRI. I.S.N.PRASAD,
     PRINCIPAL SECRETARY,
     FINANCE DEPARTMENT,
     STATE OF KARNATAKA,
     VIDHANA SOUDHA,
     DR.B.R.AMBEDKAR VEEDHI,
     BANGALORE - 560 001.

3.   N.C.SRINIVAS,
     PRINCIPAL SECRETARY,
     DEPARTMENT OF LAW,
     JUSTICE & HUMAN RIGHTS,
     VIDHANA SOUDHA,
     DR.B.R.AMBEDKAR VEEDHI,
     BANGALORE - 560 001.

     (NAME OF R3 IS AMENDED V.C.O.
      DATED 16.11.2016)

4.   SMT.RAJALAKSHMI,
     DEPUTY SECRETARY (FINANCE -2),
     M.S.BUILDING,
     BANGALORE - 560 001.
                                        ... ACCUSED

(BY SRI.D.NAGARAJ, SPP AND
    SRI.MADHUSUDAN NAIK FOR SRI.P.B.ACHAPPA,AGA)

     THIS C.C.C. IS FILED UNDER SECTIONS 11 & 12 OF
THE CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215
OF   THE    CONSTITUTION     OF   INDIA,   BY   THE
COMPLAINANTS, WHEREIN THEY PRAY THAT THE HON'BLE
HIGH    COURT     BE    PLEASED   TO     HOLD   THE
RESPONDENTS/ACCUSED HEREIN GUILTY OF CONTEMPT
OF COURT FOR WILFUL DISOBEDIENCE OF THE ORDER
DATED 12.10.2011 PASSED BY THE HON'BLE DIVISION
BENCH OF THIS HON'BLE COURT IN W.A.NO.4411/2011
AND   FURTHER     BE    PLEASED  TO   PUNISH    THE
RESONDENTS/ACCUSED WITH IMPRISONMENT OF SIX
MONTHS IN ACCORDANCE WITH THE PROVISIONS OF THE
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CONTEMPT OF COURTS ACT, 1971 AND FURTHER BE
PLEASED TO DIRECT THE ACCUSED TO COMPLY WITH THE
ORDER.

     THIS C.C.C. COMING ON FOR FURTHER ORDERS
THIS DAY,      ARAVIND KUMAR J., MADE THE
FOLLOWING:

                                ORDER

1. This contempt proceedings have been initiated

against the respondents alleging willful disobedience of the

order dated 12.10.2011 passed in Writ Appeal

No.4411/2011 and directed the respondents therein as

under:

"Accordingly, the appeal is allowed. Consequently, the writ petition is also allowed quashing Annexure-C to the writ petition. The respondents-Government is directed to place the recommendation of the Hon'ble Chief Justice of Karnataka dated 06.10.2004 before the Cabinet at the earliest and to take appropriate decision to implement the recommendation of the Hon'ble Chief Justice of High Court of Karnataka dated 06.10.2004 in the light of the observations made by the Apex Court in the matter of UNION OF INDIA -VS-

S.B.VOHRA, AIR 2004 SC 1402 as expeditiously as possible."

2. We have heard Sri. M.S. Rajendra Prasad,

learned Senior Counsel for Sri. Y.M. Shiva Murthy and Sri.

Vivek Holla learned Counsel appearing for the

complainants, and also Sri. D. Nagaraj, learned SPP and

Sri. Madhusudan Naik for P.B. Achappa, AGA, for

respondents.

3. This order came to be confirmed by Hon'ble

Apex Court on 18.11.2015 in Civil Appeal Nos.5914-

5915/2012. In fact, at the initial stage, an interim order

of stay came to be passed on 13.08.2012, where under

order dated 12.10.2011 came to be stayed subject to

condition that State will have to pay interest @ 8% p.a.,

on arrears of pay that may be payable to employees in

terms of impugned judgment.

4. Several orders have been passed for the last

four years in this Contempt Proceedings. In fact, Sri. M.S.

Rajendra Prasad, learned Senior Counsel appearing for the

complainants has submitted that, by virtue of aforesaid

order passed by the Hon'ble Supreme Court on

13.08.2012 (Annexure-F) in Civil Appeal Nos.5914-

5915/2012, the respondents were required to pay interest

at the rate of 8% p.a., on the arrears of pay, that may be

payable to the employees in terms of the judgment dated

12.10.2011 passed in Writ Appeal No.4411/2011. The

order passed by the Apex Court on 13.08.2012 reads

thus:-

"Having regard to the above, we stay the operation of the impugned judgment. However, it is clarified that in case the appeals fail, the State of Karnataka shall be liable to pay interest @8% p.a. on arrears of pay that may be payable to the concerned employees in terms of the impugned judgment."

5. As noticed herein above, several orders have

been passed resulted in IA No.1/2020 being filed seeking

for a direction to the respondents to calculate and pay

interest at the rate of 8% p.a., on the pension/family

pension and arrears of pension payable from the date of

retirement till the date of payment, and to pay the

differential amount immediately to all the retired

employees of the High Court of Karnataka.

6. Today, an affidavit has been filed on behalf of

the contemnors, where under the deponent Sri. C. Vinay

Kumar, the Joint Director, Pension Payment Treasury,

Government of Karnataka, has stated to the following

effect:-

"I further state that the retired employees of this Hon'ble Court have been paid all the arrears payable to them with 8% interest thereon. Now, the application is filed seeking direction to pay the interest on the arrears of amount payable to them @ 8% p.a. On 15.12.2020, when the above contempt proceedings was listed before this Hon'ble Court, a submission was made on behalf of the Respondents/Contemnors that steps have been taken to ensure payment i.e., a draft letter was shown to this Hon'ble Court. On 16.12.2020, I have addressed a letter to the Chief Managers, Director of State Bank of India, Corporation Bank, Syndicate Bank, Bank of Baroda and Canara Bank, requesting to calculate and pay interest @ 8% p.a., on the amounts payable to the retired employees of this Hon'ble Court pursuant to the revision of pay, after deducting the interest portion paid earlier. Copies of the said letter are produced herewith and marked as Annexure- R1 to R5 respectively."

7. Copies of instructions issued to the respective

Banks have also appended to the said affidavit as per

Annexure- R1 to R5. A plain reading of the above

communication would clearly indicate that contemnors

have issued directions to the concerned Banks to

immediately release interest amount to the employees

concerned with interest @ 8% p.a. Thus, claim made in

IA No.1/2020 has been satisfied or complied. However, if

the complainants are aggrieved or not being satisfied that

there is no due compliance of the order passed by this

Court dated 12.10.2011, they would be at liberty to

prosecute their claim by urging all such grounds as may

available to them under Law. We make it explicitly clear

that we have not expressed any opinion in this regard.

That apart, the order dated 12.10.2011 has stood

complied according to the respondents. In fact, by order

dated 20.03.2019, it has been recorded by this Court as

under:-

"On instructions from the Deputy Secretary, Department of Finance, learned A.A.G. submits that payment of arrears of pension has been authorized by the office of

the Accountant General to the Treasury and further payment to the respective retired pensioners shall be ensured within a period of fifteen days from today. He also submits that the aforesaid submission is related to 549 retired pensioners.

Submission of learned A.A.G. is placed on record."

8. Subsequently, on 11.04.2019, two affidavits of

the contemnors came to be filed, which was placed on

record and again on 23.04.2019, the Director of the State

Huzur Treasury filed an affidavit enclosing Annexures- R1

and R2. Since it was noticed that, certain retired

employees have not been paid arrears of pension, a

direction was issued to place on record the compliance of

payment of interest @ 8% p.a., on the arrears of pension

as had been ordered by Apex Court by its order dated

13.08.2012. It is in pursuance of said direction, the

affidavits referred to herein supra has been filed and as

already observed by us herein above, same is in

compliance with the orders/directions issued by this Court.

As such, continuation of this Contempt Proceedings would

not be warranted.

9. We noticed a person instructing Sri. Vivek

Holla, learned counsel appearing for the 2nd complainant,

in the open Court. On enquiry with the counsel, we were

informed that, he is Mr. K. Deepak, who is present

President of High Court of Karnataka Welfare Association.

On a pointed question to him as to whether he has applied

for leave, he has answered in the affirmative. To cross-

check the said statement, we directed the Court Officer to

verify from the Registrar General or Registrar (Judicial) as

to whether Mr. K. Deepak had applied for leave and we

have been informed that he has affixed his signature in

the Attendance Register by marking his presence for

today. In other words, he has not applied for leave today

as claimed by him. Then we summoned the

Attendance Register relating to Court Officers and

Assistant Court Officers, which is in the custody of the

Registrar General and we have found that name of Sri. K.

Deepak is reflected at Sl. No.6 and he has affixed his

signature as being 'Present on 06.01.2021' i.e., today.

This Register is ordered to be kept in a sealed cover and

to be in the custody of the Registrar Judicial. Said person

being the President of the Employees' Association,

representing the employees of the High Court, should be a

model to others. However, the fact of he having not

applied for leave and yet has brazenly appearing in the

open Court and giving instructions to the counsel, would

clearly indicate that there is gross indiscipline and

negligence. Registrar General is directed to take further

steps in this regard.

10. At this juncture, Sri. M.S. Rajendra Prasad,

learned Senior Counsel and Sri. Vivek Holla, learned

counsel appearing for the complainants, have submitted

that President of the 2nd complainant-Association, in order

to safeguard the interest of the High Court employees

numbering 2174, did not apply for leave and had appeared

before the Court without taking permission from the

competent authority and it was an unintentional mistake,

and as such he may be pardoned. As observed by us

herein above, the President of the Karnataka High Court

Employees' Welfare Association, should be a model to

others and the act of said person though does not agur

well, yet we accept the prayer made by the learned

Advocates appearing for the complainants and do not

propose the issue to be taken further, as he has filed an

affidavit tendering unconditional apology and also after

taking note of the fact that President of Association was

espousing the cause of the employees and in his

exuberance having erred in not applying the leave or

taking permission from Registrar General being a

mistake, which is to be condoned in the light of

repentance or regret expressed by the deponent. Hence,

by accepting the said affidavit, we close the proceedings

and direct the Registrar General not to take any further

steps in the matter as had been ordered by us.

Contempt Proceedings stands closed.

Sd/-

JUDGE

Sd/-

JUDGE

KGR*