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Mr N R Shivashankar vs Mr Sharath B I A S
2024 Latest Caselaw 19549 Kant

Citation : 2024 Latest Caselaw 19549 Kant
Judgement Date : 5 August, 2024

Karnataka High Court

Mr N R Shivashankar vs Mr Sharath B I A S on 5 August, 2024

                                                   -1-
                                                            NC: 2024:KHC:31069-DB
                                                               CCC No. 424 of 2024




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 5TH DAY OF AUGUST, 2024

                                               PRESENT
                              THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE
                                                  AND
                                 THE HON'BLE MR. JUSTICE K.V. ARAVIND
                                       CCC NO. 424 OF 2024 (CIVIL)
                       BETWEEN:

                       1.   MR. N R SHIVASHANKAR
                            S/O LATE NAMADEVA
                            AGED 65 YEARS
                            R/AT NO.306, AMRUTHA LAKE
                            WOODS APARTMENT
                            JAKKUR, SRIRAMPURA
                            BENGALURU-560 064               ...COMPLAINANT

                       (BY SRI VISHWAS YADAV D, ADVOCATE FOR
                        SRI NISHANTH A V, ADVOCATE)

                       AND:

                       1.   MR. SHARATH B, I A S
Digitally signed by
VASANTHAKUMARY              AGED MAJOR
BK
Location: High Court
                            THE MANAGING DIRECTOR
of Karnataka                KARNATAKA URBAN WATER SUPPLY
                            AND DRAINAGE BOARD
                            NO.5 AND 6, JALABHAVAN 1ST STAGE
                            BTM LAYOUT, BANNERAGHATTA ROAD
                            BENGALURU-560 029

                       2.   DR. ASHA S, K.A.S
                            AGED MAJOR
                            THE SECRETARY
                            KARNATAKA URBAN WATER SUPPLY
                            AND DRAINAGE BOARD
                            -2-
                                       NC: 2024:KHC:31069-DB
                                        CCC No. 424 of 2024




     NO.5 AND 6, JALABHAVAN 1ST STAGE
     BTM LAYOUT, BANNERAGHATTA ROAD
     BENGALURU-560 029

3.   MS. H P MANJULA
     AGED MAJOR
     THE CHIEF EXECUTIVE OFFICER
     KARNATAKA URBAN WATER SUPPLY
     AND DRAINAGE BOARD
     NO.5 AND 6, JALABHAVAN 1ST STAGE
     BTM LAYOUT, BANNERAGHATTA ROAD
     BENGALURU-560 029

4.   SRI NARASIMHA REDDY
     EXECUTIVE ENGINEER
     KARNATAKA URBAN WATER SUPPLY
     AND DRAINAGE BOARD
     BIDAR SUB-DIVISION
     (SHIFTED TO KALABURGI DIVISION)
     IWAN-A-SHAHI ROAD
     OPP. TO MINI VIDHANA SOUDHA
     KALBURGI-585 101                      ...ACCUSED

(BY SMT. SUMANGALA GACHCHINAMATH, ADVOCATE FOR
 SRI GURUDEV I GACHCHINAMATH, ADVOCATE)


     THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF
THE CONSTITUTION OF INDIA, PRAYING TO TAKE
NECESSARY ACTION AGAINST THE ACCUSED FOR
WILLFULLY AND DELIBERATELY VIOLATING THE ORDER
DATED    18.12.2023   PASSED    BY  THIS  COURT  IN
W.P.NO.1436/2022 (S-RES) VIDE ANNEXURE-A.


    THIS CCC, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
                                   -3-
                                            NC: 2024:KHC:31069-DB
                                              CCC No. 424 of 2024




CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE K V ARAVIND


                           ORAL ORDER

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

In the present contempt proceedings, the judgment and order

dated 18.12.2023 of learned Single Judge is brought under

scanner for its non-compliance.

2. By the said order, the disciplinary proceedings initiated against

the petitioner were held to be barred by limitation in view of Rule

214(2)(b)(ii) of the Karnataka Civil Services Rules. The Court

directed that the petitioner shall be entitled to benefits including

terminal benefits to be paid within two months.

3. Today when the contempt petition came up for consideration,

learned advocate for the respondents filed the memo dated

05.08.2024 producing the copy of the order dated 08.07.2024

passed by the competent authority in compliance of the directions

of learned Single Judge. Along with the memo, the details of

remittance of Rs.12,22,776/- and Rs.3,49,239/- are produced.

NC: 2024:KHC:31069-DB

4. In the above view, the Court finds that there is substantial

compliance, to say the least, of the directions of learned Single

Judge. Nothing survives in the present contempt proceedings.

5. Accordingly, the contempt proceedings are disposed of as

not surviving.

If any grievance persists with the complainant with regard to

the amount paid, he is not precluded from initiating independent

proceedings in accordance with law. However, this Court does not

express any opinion on the merits of such claim or recourse.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K V ARAVIND) JUDGE

BKV

 
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