Y B Raghavendra vs Shri Mahesh Karjagi
2022 Latest Caselaw 10520 Kant

                            1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 7TH DAY OF JULY 2022

                     PRESENT

           THE HON'BLE MR. ALOK ARADHE
               ACTING CHIEF JUSTICE

                        AND

        THE HON'BLE MS.JUSTICE J.M. KHAZI

                C.C.C.NO.99 OF 2022

BETWEEN:

Y B RAGHAVENDRA
S/O BHEEMEGOWDA,
AGED ABOUT 37 YEARS,
WORKING AS ASSISTANT,
CHESCOM, DIVISION OFFICE,
SAKALESHPURA,
HASSAN DISTRICT.
                                    ... COMPLAINANT
(BY MR. NATARAJ BABA K, ADVOCATE FOR
    SRI. SHANMUKHAPPA, ADVOCATE)

AND:

1 . SHRI MAHESH KARJAGI
    THE DIRECTOR (A & HR)
    KPTCL, KAVERI BHAVAN,
    BANGALORE-560009.

2 . SHRI JAYAVIBHAVASWAMY
    MANAGING DIRECTOR
    CHESCOM, CORPORATE OFFICE,
    NO.29, VIJAYANAGAR
    2ND STAGE, HINAKAL,
    MYSURU-570017.
                                2



3 . SMT AMBIKA
    THE EXECUTIVE ENGINEER (ELE)
    O AND M DIVISION, CHESCOM,
    CHANNARAYAPATNA,
    HASSAN DISTRICT - 571112

                                                 ... ACCUSED

(BY SRI. BASAVARAJ V SABARAD, SENIOR COUNSEL FOR
    SRI. LAKSHMIKANTHA K.B., ADVOCATE FOR A1 TO A3)
                         ---
      THIS CCC FILED UNDER SECTION 11 & 12 OF THE
CONTEMPT      COURTS   ACT    PRAYING  TO   SUMMON,
PROSECUTE AND PUNISH THE ACCUSED-PERSONS FOR
THEIR DELIBERATE AND WILLFUL DISOBEDIENCE OF THE
ORDER DATED 13.09.2021 PASSED BY THE LEARNED
SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION
NO.25254/2019 VIDE ANNEXURE-B IN THE INTEREST OF
JUSTICE AND EQUITY.

     THIS CCC COMING ON FOR ORDERS, THIS DAY,
ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:

                        JUDGMENT

Sri. Nataraj Baba K., learned counsel for

Sri.Shanmukhappa, learned counsel for the

complainant.

Sri. Basavaraj V. Sabarad, learned Senior

Counsel for Sri.Lakshmikantha K.B., learned counsel

for accused Nos.1 to 3.

This petition has been filed for non compliance of

the order dated 13.09.2021 passed in

W.P.No.28254/2019.

2. When the matter was taken up today,

learned Senior Counsel for the accused submitted

that the consequential benefits in pursuance of the

order of regularization dated 14.01.2019 had not been

computed and a sum of Rs.9,27,623/- after deducting

income tax had been paid vide cheque No.268662

dated 22.02.2022.

3. Learned counsel for the complainant

submitted that all the benefits accruing to the

complainant under the order of regularization dated

14.01.2019 had not been paid to the complainant.

4. In our considered opinion, no deliberate

and willful disobedience of the order of this Court is

made out. Therefore, we are not inclined to proceed

further with the contempt proceedings. Therefore, the

contempt petition is disposed of with liberty to the

complainant to take recourse to such remedy as may

be available to him under the law.

5. With the aforesaid liberty, the contempt

petition is disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

Mds/-