Sri Shaker P vs Dr H N Dinesh
2022 Latest Caselaw 7704 Kant

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 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.23/2022 (CIVIL)
BETWEEN:

SRI SHAKER P
S/O. LATE PUTTARAJU V.R.
AGED ABOUT 48 YEARS
NO.15, SHEELAMARGHA
SIDDHARTHA LAYOUT
MYSURU - 570 011
                                        ... COMPLAINANT

(BY SRI NAGARAJ D, ADVOCATE)

AND:

DR.H.N.DINESH
DIRECTOR AND DEAN
MYSORE MEDICAL COLLEGE AND
RESEARCH INSTITUTE
IRWIN ROAD, MYSORE- 570 001
                                            ... ACCUSED

(BY SRI CHANDRAKANTH R. GOULAY, ADVOCATE)

     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 TAKE CONGNIZANCE OF COMMISSION OF
CONTEMPT OF THE ORDER DATED 11.11.2021 PASSED BY
THIS HON'BLE COURT IN W.P.NO.5497/2021 (S-RES) VIDE
ANNEXURE-A, AND INITIATE CONTEMPT PROCEEDINGS
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AGAINST THE ACCUSED AND HE MAY BE TRIED AND
PUNISHED UNDER SECTION 12 OF THE CONTEMPT OF
COURTS ACT, 1971, IN THE INTEREST OF JUSTICE AND
EQUITY.

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

                           ORDER

This contempt proceedings arises out of the judgment

and order dated 11.11.2021 passed in W.P.No.5497/2021

(S-RES) whereby, a positive direction was issued to the

respondent/accused to reinstate the complainant/petitioner

with 50% back wages after quashing the order of dismissal

dated 10.07.2020.

2. Learned counsel for the complainant/petitioner

submits that in spite of passing the order of reinstatement,

the complainant/petitioner had been relieved and directed to

join at Raichur. The complainant/petitioner had challenged the

said order by filing another writ petition in W.P.No.728/2022

in which, the operative portion of the relieve order has been

stayed vide order dated 04.02.2022. In spite of the same, the

complainant/petitioner has not been allowed to join at the

place where he was working at the time of passing the

dismissal order.

3. The Court, vide order dated 25.05.2022, had

permitted Mr.Chandrakanth R.Goulay, learned counsel

appearing for the respondent/accused to take instructions and

the case was adjourned on his request. After being informed

by Mr.Chandrakanth R.Goulay, learned counsel, the

respondent/accused undertook to pass necessary orders for

allowing the complainant/petitioner to join at Mysuru.

4. Today when the case is take up, Mr. Chandrakanth

R.Goulay, learned counsel, on the basis of instructions, has

filed the memo of compliance along with copy of the order

dated 25.05.2022 whereby, the complainant/petitioner has

been permitted to report for duty on the post of Second

Division Assistant in the office of Mysuru Medical College

Research Institute, Mysuru.

5. Learned counsel for the complainant/petitioner

submits that he has reported to duty on 27.05.2022.

6. In view of the above, we are satisfied that the

order passed by the writ Court has been complied. The

contempt petition is accordingly dismissed. The notice is

discharged. In case the complainant/petitioner is left with any

other grievance, he is at liberty to approach the appropriate

forum.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

VM