Karnataka High Court
Stanley Peteres S/O. Late Henry ... vs State Of Karnataka on 26 May, 2022
Bench: Krishna S Dixit, P.Krishna Bhat
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CCC No. 100133 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF MAY, 2022
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
CCC NO. 100133 OF 2022 (CIVIL)
BETWEEN:
STANLEY PETERES S/O. LATE HENRY PETERS,
AGE. 55 YEARS, OCC. SERVICE,
R/O. 11TH CROSS, NIRMAL NAGAR,
DHARWAD-580003.
...COMPLAINANT
(BY SRI. VIJAY M MALALI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
R/BY PRINCIPAL SECRETARY
COLLIGATE EDUCATION
M.S. BUILDING, BENGALURU-560001
2. Y S HANUMANTHARAYA
JOINT DIRECTOR OF COLLEGIATE EDUCATION
MINI VIDHANA SOUDHA,
D C COMPOUND, DHARWAD-580001
...ACCUSED
Digitally signed
by JAGADISH T R (BY SRI.G.K. HIREGOUDAR, GOVT. ADV. FOR A1) (A2-SERVED
Location: HIGH
COURT OF
KARNATAKA,
DHARWAD
Date: 2022.05.27
CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT
10:59:39 +0530
OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF
INDIA,1950, PRAYING THIS HON BLE COURT TO, INITIATE
CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR
INTENTIONALLY AND DELIBERATELY DISOBEYING THE COURT
ORDER DATED 18.12.2021 IN WP 104566/2021 PRODUCED AS
ANNEXURE A PASSED BY THIS HON BLE COURT AND PUNISH THE
ACCUSED IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS CCC COMING ON FOR ORDERS, THIS DAY, KRISHNA S
DIXT J., PASSED THE FOLLOWING:
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CCC No. 100133 of 2022
ORDER
The complaint is against violation of the direction
contained in paragraph 3 of the judgment dated
18.12.2021 rendered by a learned Single Judge of this
Court while allowing the complainant's
W.P.No.104566/2021 (S-RES). The said paragraph 3
reads as under:
"3. Therefore, it is expedient to dispose of the
writ petition directing respondent No.3 to consider the
representation dated 5.7.2021 submitted by the
petitioner at Annexure-C and pass appropriate orders
in accordance with law, within a period of eight weeks
from the date of receipt of certified copy of this order.
With this observation, the writ petition is disposed of."
2. After service of notice, respondents having
entered appearance through learned Addl. Advocate
General has filed an affidavit dated 26.5.2022, to the
effect that they are going to allow the subject application
of the complainant and further would make payment
towards arrears of salary quantified at Rs.45,72,917/-
(Rupees Forty Five Lakh Seventy Two Thousand Nine Hundred
& Seventeen) only, calculated on the basis of UGC Pay Scale.
Paragraphs 7 and 8 of the affidavit read as under:
CCC No. 100133 of 2022
"7. I humbly requesting this Hon'ble Court to
kindly accept my affidavit for undertaking to
grant of arrears of salary to the complainant on
or before 15.6.2022. Therefore, I humbly
requesting this Hon'ble Court to please to drop
the above said Contempt Petition. (sic)
8. I respectfully submit that, since there is a
delay in considering the direction of this Hon'ble
Court within a stipulated time. I beg your
lordship pardon for the said delay and there is no
intention to disobey the order of this Hon'ble
Court and the delay cause is not intentional or
willful. The delay is for the bonafide reasons
cause due to the administrative reasons. I
sincerely tender my unconditional apology before
this Hon'ble Court and my unconditional apology
may kindly be accepted." (sic)
In view of the above, these proceedings are dropped with
liberty to the complainant to seek their revival by moving a
memo should there be breach of undertaking given to the
Court. We make it very clear that the undertaking given to this
Court, if not complied with would amount to an aggravated
contempt for which accused may be tried and imprisoned.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
