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