Karnataka High Court
N P Yogananda Murthy vs Smt. Khushboo Goel Chowdhary on 8 November, 2024
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NC: 2024:KHC:45110-DB
CCC No. 1002 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
CCC NO. 1002 OF 2024 (CIVIL)
BETWEEN:
1. N.P. YOGANANDA MURTHY
S/O LATE N. PUTTACHAR,
AGED ABOUT 63 YEARS,
EARLIER WORKING AS
DEPUTY MANAGER, (LEGAL) (ZONE-I II),
KARNATAKA STATE INDUSTRIAL INVESTMENT &
DEVELOPMENT CORPORATION LTD (KSIIDC),
Digitally
signed by R/AT NO.100/14, KHB COLONY,
PRABHAKAR
SWETHA 1ST MAIN, 1ST STAGE,
KRISHNAN BASAVESHWARANAGAR,
Location:
High Court BENGALURU - 560 079.
of Karnataka ...COMPLAINANT
(BY SRI AMOGHA S. SHARMA, ADVOCATE FOR
SRI P.N. RAJESWARA, ADVOCATE)
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NC: 2024:KHC:45110-DB
CCC No. 1002 of 2024
AND:
1. SMT. KHUSHBOO GOEL CHOWDHARY
I.A.S., MANAGING DIRECTOR
KARNATAKA STATE INDUSTRIAL INFRASTRUCTURE
AND DEVELOPMENT CORPORATION LIMITED (KSIIDC)
NO.49, KANIJA BHAVAN,
4TH FLOOR, EAST WING,
RACE COURSE ROAD,
BENGALURU 560 001,
...ACCUSED
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF
CONSTITUTION OF INDIA AND RULE 5 OF THE HIGH COURT
OF KARNATAKA CONTEMPT OF COURT PROCEEDINGS
RULES, 1981, PRAYING TO SECURE THE PRESENCE OF THE
ACCUSED AND PUNISH THEM FOR THE OFFENCE OF
CONTEMPT OF THE FINAL ORDER DATED 25.09.2023 IN
W.P. NO.41910/2010 PASSED BY THIS HONBLE COURT.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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NC: 2024:KHC:45110-DB
CCC No. 1002 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Learned Single Judge, while allowing the petition of the
petitioner-complainant as per his judgment and order dated
25.09.2023, set aside the order of dismissal passed against the
petitioner, who had retired. A further direction was issued to pay
25% backwages to the petitioner in addition to the other terminal
benefits.
2. It is in respect of the above direction that the contempt of
Court is alleged by the petitioner by filing this contempt petition.
3. From the directions as above, contained in paragraph 41, 42
and 43, it would be seen that even though the payment of 25%
backwages is directed, no time limit is fixed by learned Single
Judge. If no time limit is fixed, it is not possible to come to
conclusion at this stage that the respondent has committed
contempt of the Court, much less any willful contempt.
NC: 2024:KHC:45110-DB
4. At the same time, the directions of the Court shall not go
uncomplied. In that view, it is directed that the respondent shall
carry out the direction of payment of 25% backwages to the
petitioner as contained in paragraph 43 of the aforesaid judgment
and order of learned Single Judge within eight weeks from today,
failing which, the respondent-authority shall be exposed to
contempt proceedings.
5. The petition is disposed of accordingly.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
KPS
