Sri. G. Narendra Kumar vs Sri. Kottresh M
2022 Latest Caselaw 7703 Kant

                           1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 30TH DAY OF MAY, 2022

                      PRESENT

 THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                          AND

       THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

               CCC NO.246/2022 (CIVIL)


BETWEEN:


SRI. G. NARENDRA KUMAR
S/O K GURUMURTHY
AGED ABOUT 62 YEARS
PRESENTLY RETIRED PROFESSOR
DEPARTMENT OF ELECTRONICS AND
COMMUNICATION ENGINEERING
UNIVERSITY OF VISVESHWARAIAH
COLLEGE OF ENGINEERING
K R CIRCLE,
BENGALURU - 560 001
                                     ... COMPLAINANT

(BY SRI VIJAYAKUMAR, ADVOCATE)


AND:

1. SRI. KOTTRESH M
   REGISTRAR
   BENGALURU UNIVERSITY
   GNANA BHARATHI CAMPUS
   BENGALURU - 560 056

2. SMT. H B PARVATHI
   FINANCE OFFICER
   BENGALURU UNIVERSITY
                               2



  GNANA BHARATHI CAMPUS
  BENGALURU - 560 056
                                                 ... ACCUSED

(BY SRI B.PRAMOD, ADVOCATE FOR R1;
    R2 SERVED BUT UNREPRESENTED)

     THIS CCC IS FILED UNDER SECTIONS 11 & 12 OF THE
CONTEMPT OF COURTS ACT, 1971 BY THE COMPLAINANT,
WHEREIN HE PRAYS THAT THIS HON'BLE HIGH COURT BE
PLEASED TO INITIATE CONTEMPT OF COURT PROCEEDINGS
AGAINST THE ACCUSED FOR NOT IMPLEMENTING THE ORDER
DATED 23.06.2021 PASSED BY THIS HON'BLE COURT IN
W.P.NO.42172/2015 VIDE ANNEXURE-A AND PUNISH THE
ACCUSED IN ACCORDANCE WITH LAW.

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

                            ORDER

Heard.

2. This contempt proceedings arises out of the

judgment and order dated 23.06.2021 passed in

W.P.No.42172/2015 (S-RES).

3. As per the direction issued by the writ Court,

certain interest accrued from time to time on 80% of the

arrears of salary was directed to be invested in NSC VIII with

effect from the year 2005 upto the date of its maturity and

further interest at 8% p.a. from the date of which the said

amount invested in NSC VIII was directed to be paid.

4. The counter affidavit has been field by accused

No.1.

5. Learned counsel for accused No.1 submits that the

direction issued by the writ Court has been fully complied and

in compliance of the same, arrears of interest has been

calculated and paid. The details of amounts paid along with

dates have been given in paragraph 4 of the counter affidavit.

It is submitted that the order of the writ Court has been fully

complied.

6. We have considered the submissions made by

learned counsel for the complainant as well as learned counsel

for accused No.1 and gone through the record.

7. Prima facie, we find that the direction issued by

the writ Court has been complied and as such, we are of the

view that there is no willful non-compliance of the order

passed by the writ Court on the part of the accused.

8. The contempt proceedings are accordingly

dropped. The notice is discharged. However, in case the

complainant is not satisfied with the compliance, he is at

liberty to challenge Annexure-R1 dated 09.05.2022 which is

annexed with the counter affidavit of accused No.1.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

VM