Sri Thagadaiah vs Dr N Manjula
2021 Latest Caselaw 3026 Kant

                            -1-

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 28TH DAY OF JULY, 2021

                         PRESENT

       THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
                            AND
       THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

              C.C.C NO.324 OF 2021 (CIVIL)

BETWEEN:
SRI THAGADAIAH
S/O LATE THAGADE GOWDA,
AGED ABOUT 69 YEARS,
RETIRED SENIOR MECHANIC,
O/o THE ASSISTANT EXECUTIVE ENGINEER (ELEC),
BANGALORE ELECTRICITY
SUPPLY COMPANY LIMITED,
S-10 SUB-DIVISION, J.P.NAGAR,
BANGALORE - 560 078
R/AT NO.58, WEAVERS COLONY,
11TH CROSS, GOTTIGERE,
BANNERAGHATTA ROAD,
BANGALORE - 560 076.
                                               ... COMPLAINANT
(BY SHRI N.DEVARAJ, ADVOCATE)

AND:
Dr.N.MANJULA
CHAIRMAN/MANAGING DIRECTOR,
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
CORPORATE OFFICE,
CAUVERY BHAVAN,
BANGALORE - 560 009.
                                                   ... ACCUSED
(BY SHRI S.SRIRANGA, ADVOCATE )
                             ---
     THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE SEVERE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING
DELIBERATELY, INTENTIONALLY AND WILLFULLY DISOBEYED TO
CARRY OUT THE DIRECTIONS CONTAINED IN THE COURT ORDER
DATED 19.02.2020 MADE IN W.P.34371/2014 (S-RES) MARKED AT
ANNEXURE-Q AND GIVING FURTHER DIRECTION TO THE ACCUSED TO
                               -2-

PAY 22.50% OF THE BASIC PENSION/FAMILY PENSION TO THE
COMPLAINANTS IN TERMS OF CLAUSE VIII (b) OF THE
AGREEMENT/ORDER DATED 09.09.2011 MARKED AT ANNEXURE-C
AND FURTHER DIRECTING THE ACCUSED TO RE-FIX THE
PENSION/FAMILY PENSION, ETC. AFTER ADDING ENTIRE 22.50% TO
THE BASIC PENSION/FAMILY PENSION ALONG WITH 18% INTEREST
PER ANNUM TILL THE DATE FOR SETTLEMENT OF BENEFITS IN TERMS
OF THE JUDGMENT DATED 18.11.2012 MADE BY THE DIVISION BENCH
OF THIS COURT IN WA.NOs.15351-15352/2011 AND EXTEND THE
BENEFIT OF THE SETTLEMENT DATED 09.09.2011 AT ANNEXURE-C,
SUBJECT TO OUTCOME OF THE SLPs NOW PENDING IN THE HON'BLE
APEX COURT.


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

                            ORDER

The learned counsel appearing for the accused has placed

on record a copy of the order of the Apex Court dated 12th July

2021 by which the order of which breach is alleged has been

stayed. Even the complainant has produced a copy of the said

order along with the memo of 26th July 2021.

In view of what is stated in the memo, the contempt

petition is disposed of with liberty to file a fresh petition, if

occasion arises.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB