Mr Maiboob vs The State Of Karnataka
2022 Latest Caselaw 10063 Kant

Citation : 2022 Latest Caselaw 10063 Kant
Judgement Date : 30 June, 2022

Karnataka High Court

Mr Maiboob vs The State Of Karnataka on 30 June, 2022

Bench: B.Veerappa, K S Hemalekha

                          -1-



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 30TH DAY OF JUNE, 2022

                       PRESENT

          THE HON'BLE MR.JUSTICE B.VEERAPPA

                         AND

        THE HON'BLE MRS.JUSTICE K.S.HEMALEKHA

             CCC NO.825 OF 2021 (CIVIL)

BETWEEN

MR. MAIBOOB
S/O MAHADASAHEB NADAF,
AGED ABOUT 52 YEARS,
WORKING AS HINDI TEACHER AT
MORARJI DESAI SCHOOL,
MDRS, KOLMENHALLI,
CHIKKABALLAPURA TALUK
AND DISTRICT-561211

PERMANENT RESIDENT OF
SHIRADON VILLAGE,
INDI TALUK, VIJAPUR DISTRICT-586205
                                        ...COMPLAINANT
(BY SRI. SRIKANTH PATIL K, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      REP BY ITS SECRETARY,
      DEPT. OF SOCIL WELFARE,
      VIKASA SOUDHA, BANGALORE 560001

2.    SRI. SIDDESWAR N.
      THE EXECUTIVE DIRECTOR
      KARNATAKA RESIDENTIAL EDUCATIONAL
      INSTITUTIONS SOCIETY,
      ROOPA COMPLEX, NO. 179,
                               -2-



     2ND AND 3RD FLOOR, 1ST MAIN,
     SHESHADRIPURAM,
     BANGALORE 560001
                                         ... ACCUSED
(BY SRI. KIRAN KUMAR, HCGP FOR PROFORMA R1-STATE
    SRI. NAGAIAH, ADVOCATE FOR R2)

     THIS CCC IS FILED UNDER ARTICLE 215 OF
CONSTITUTION OF INDIA R/W SECTION 11 AND 12 OF THE
CONTEMPT OF COURT ACT, PRAYING TO PROSECUTE THE
ACCUSED FOR HAVING COMMITTED ACTS PUNISHABLE
UNDER THE CONTEMPT OF COURTS ACT AND KINDLY
ENSURE THE IMPLEMENTATION OF THE ORDER DATED
23.09.2021 AT ANNEXURE-A PASSED BY THE SINGLE JUDGE
IN WP 21604/2019.


     THIS CCC COMING ON FOR 'ORDERS' THIS DAY,
B.VEERAPPA J., MADE THE FOLLOWING:

                         ORDER

The present Contempt Petition is filed by the

complainant against the accused persons under the

provisions of Sections 11 and 12 of the Contempt of

Courts Act, 1971, for wilful disobedience of the order

dated 23.09.2021 passed by the learned Single Judge in

W.P.No.21604/2019, wherein the learned Single Judge

while allowing the writ petition nine directions were

issued. The said order passed by the learned Single

Judge has reached finality.

2. The accused persons have filed compliance

affidavit dated 31.01.2022. In paragraphs number 3 and

4, it is specifically stated as under:

"3. I respectfully submit that the Complainant has worked for the academic year 2008-09 from 26.06.2008 to 09.04.2009 and for the academic year 2009-10 from 01.08.2009 to 10.04.2010. While calculating the service weightage for academic year 2008-09 and 2009-10, the academic year 2009-10 does not represent the full academic year ad therefore treated the Complainant's service as break in service for the academic year 2008-09 as well as 2009-10. Therefore, the service weightage of the Complainant for the academic year 2008-09 also cannot be taken into consideration in view of the 63rd Governing Council Meeting of the Karnataka Residential Educational Institutions Society dt: 04.08.2015 and the copy of which is produced herewith for kind perusal of this Hon'ble Court as Annexure-'R1'. The Complainant has served for the academic year 2010-11 from 01.07.2010 to 09.04.2011 which represent full academic year and therefore entitled for service weightage of 5% of marks for one year only. The total marks obtained by the Complainant in Combined Competitive Examination is 53.25% and service weightage of 5% for the academic year 2010-11 is considered, the total percentage of marks of the Complainant stands 58.25%, whereas the cut off percentage marks for Hindi Teacher under Category-2B stands 61.39% thereby the Complainant has scored below cut off percentage of marks and not entitled for appointment as Hindi Teacher's post. The Complainant has been issued with

endorsement vide Annexure-'B' to the Contempt Petition. The complainant instead of challenging the said endorsement has filed the complaint which is bad in law and nto maintainable and liable to be dismissed.

4. I respectfully submit that the order passed by this Hon'ble Court in Writ Petition No.21604/2019 (S-RES) is complied and passed orders vide Annexure-'B' dt:08.02.2021. I have great respect towards this Hon'ble Court as well as judgment of this Hon'ble Court and has not committed any disobedience to the order passed by this Hon'ble Court as alleged by the Complainant in the complaint. The Complainant has filed frivolous Contempt petition against me and therefore, the complaint is liable to be dropped against me."

3. Sri. Srikanth Patil K., learned Counsel for the

complainant submits that liberty may be reserved to the

complainant to challenge the endorsement dated

04.08.2015 and latest endorsement dated 08.02.2021

issued by the accused.

4. Submission of the learned Counsel is placed on

record.

5. In view of the above, we pass the following:

ORDER

The Contempt Petition is hereby

dropped.

It is needless to observe that it is