Karnataka High Court
Shrinivas Reddy vs Dinkar Punja on 24 June, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC-K:3328-DB
CCC No. 200035 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF JUNE, 2025
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MRS. JUSTICE K S HEMALEKHA
CIVIL CONTEMPT PETITION NO.200035 OF 2025
BETWEEN:
SHRINIVAS REDDY
S/O LATE HANUMANTH REDDY,
AGED 37 YEARS, OCC: NIL,
R/O: 28/69 JAISHANKER COLONY
BASWAKALYAN, TQ: BASWAKALYAN,
DIST: BIDAR - 585 327.
...COMPLAINANT
(BY SRI. JAIRAJ K. BUKKA, ADVOCATE FOR COMPLAINANT)
Digitally signed
by
BASALINGAPPA
SHIVARAJ AND:
DHUTTARGAON
Location: HIGH
COURT OF 1. DINKAR PUNJA
KARNATAKA
BY ITS CHIEF MANAGER(P),
SYNDICATE BANK,
PERSONNEL DEPARTMENT,
HUMAN RESOURCE DEVELOPMENT DIVISION,
HEAD OFFICE MANIPAL,
MANIPAL - 576 104.
2. ARUN SRIVASTAVA,
MANAGING DIRECTOR & CEO,
SYNDICATE BANK HEAD OFFICE MANIPAL,
MANIPAL, DIST: UDUPI-576 104.
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CCC No. 200035 of 2025
HC-KAR
3. ATUL KUMAR,
THE GENERAL MANAGER,
REGIONAL OFFICE 110 RADHA TIVNALA MANSION,
V. V.PURAM RV ROAD,
BENGALURU - 560 004.
...ACCUSED
4. THE CHIEF EXECUTIVE OFFICER,
SYNDICATE BANK NOW CANARA BANK,
5TH FLOOR, #86 SPENCER TOWER,
MG ROAD, BANGALORE - 560 001
(SYNDICATE BANK IS MERGED INTO CANARA BANK)
...PROFORMA PARTY
(BY SRI. UDAY P. HONGUNTIKAR, ADVOCATE FOR R/A-3;
V/O DATED: 24.02.2025, NOTICE TO R1 & R2 DEFERRED
FOR THE PRESENT)
THIS CIVIL CONTEMPT PETITION IS FILED U/SEC. 11
AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W
ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO
INITIATE PROCEEDINGS OF CONTEMPT AGAINST THE
ACCUSED NO.1 TO 3 / RESPONDENT NO.1 TO 3 FOR THEIR
WILLFUL, DELIBERATE, WANTON DISOBEDIENCE OF ORDER OF
THIS HON'BLE COURT DATED:04.01.2024 PASSED IN WRIT
APPEAL NO.200128/2022 VIDE ANNEXURE-A TO THIS
CONTEMPT OF COURT PETITION, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
HON'BLE MRS. JUSTICE K S HEMALEKHA
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NC: 2025:KHC-K:3328-DB
CCC No. 200035 of 2025
HC-KAR
ORAL ORDER
(PER: HON'BLE MRS. JUSTICE K S HEMALEKHA)
The present contempt petition is initiated against
accused Nos.1 to 3 for willful, deliberate disobedience of
the order dated 04.01.2024 passed by this Court in
W.A.No.200128/2022.
2. Heard the learned counsel appearing for the
complainant and the learned counsel appearing for
respondent No.3.
3. This Court vide order dated 04.01.2024 in
W.A.No.200128/2022, passed the following order:
"(i). The writ appeal is allowed in part, and the
impugned order dated 22.10.2021 in
W.P.No.205546/2019 is modified directing the
respondents to verify whether either the
appellant or any other family member of the
appellant is paid ex-gratia amount under the
Scheme 2007 and take measures to pay such
amount if not paid so far.
(ii). The respondent must examine and
communicate to the appellant the details of the
payment if the amount is paid, and if not paid,
the respondent shall pay the amount within a
period of eight [8] weeks from the date of
receipt of a certified copy of this order.
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(iii). If the respondents fail to pay this amount
within the time as aforesaid they shall be liable
to pay interest at the rate of 12% p.a. for
delayed period."
4. Learned counsel appearing for respondent No.3
has filed affidavit of Sri. M. Vijaya Kumar, who is working
as General Manager of Canara Bank, Circle Office, Hubbali.
In the said affidavit, at paragraphs No.8, 9 and 10, it is
stated as under:
"8. I state that as per section 9(b) Annexure I to
Circular No.265-2007-BC-PD-53.HRD dated
05/12/2007, an ex-gratia amount calculated @
60% of the last drawn gross salary (net of taxes)
for each month of remaining service of the
employee (i.e., up to the age of superannuation in
terms of extant rules/conditions) at the time of
his/her death / incapacitation subject to the cadre-
wise ceiling. For officer category the maximum
amount of ceiling was Rs.8 lakhs.
9. I state that the last drawn salary of the ex-
employee after taxes was Rs.36,030.90/-, the
break-down of which is enumerated in the below-
mentioned table-
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SL PARTICULARS AMOUNT(Rs.)
1 Basic 28100
2 Stagnation Nil
3 GDP Nil
5 Dearness Allowance 8977.95
6 HRA 1826.50
7 Special Allowance Nil
8 Transport Allowance Nil
9 City Compensatory Allowance Nil
10 Others, if any (Washing Nil
Allowance)
11 Grand Total 39762.45
12 Less net of taxes arrived as 3731.55
above
13 Last drawn gross salary 36030.90
(notional)
10. I state that as per the Ex-gratia amount paid
@ Rs.3,02,659/- on 02.04.2024, the break-down
of the amount paid is as shown below:
i) 60% of the last drawn salary x months of the
service left = Ex-gratia amount.
ii) In the present case last drawn salary after tax
deduction of the ex-employee was =
Rs.36,030.90/-.
iii) 60% of Rs.36,030.90/- is Rs.21,618.54/-.
iv) Months left for service = 14 (Rounded off).
v) Rs.21,618.54 x 14 = Rs.3,02,659/-
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Hence, this amount was paid as a full and final
payment compliance to the judgment dated
04.01.2024."
5. It is stated by the learned counsel for
respondent No.3 that the aforesaid amount is deposited in
the bank account of the complainant.
6. Learned counsel for the complainant submits
that the last drawn salary of the complainant was
Rs.78,043/-. It is further submitted that while calculating
the ex-gratia amount, the respondent No.3 has
erroneously taken the last drawn salary as Rs.36,030.90/-,
which is contrary to the actual last drawn salary of the
complainant. Learned counsel further submits that the
complainant reserves the right to challenge the calculation
adopted by respondent No.3, before the appropriate
forum.
7. Respondent No.3 has filed an affidavit indicating
the quantification and the amount deposited, however, no
separate endorsement has been issued to the complainant
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indicating the calculation for the amount arrived at.
Learned counsel for respondent No.3 submits that an
endorsement detailing the calculation of the ex-gratia
amount will be issued to the complainant within two
weeks.
8. The order in writ appeal directs the respondent
No.3 to pay ex-gratia amount under Scheme 2007, if not
paid, within a period of eight weeks from the date of
receipt of the certified copy of the order.
9. From the affidavit it indicates that the
calculation arrived for ex-gratia amount is as per circular
No.265-2007-BC-PD-53.HRD dated 05.12.2007 and the
amount is already deposited in the bank account of the
complainant within the time. If there is any difference in
the calculation, the remedy available is to challenge the
same.
10. Respondent No.3 shall issue the necessary
endorsement within two weeks from the date of receipt of
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this order and communicate to the complainant. The
order in writ appeal is complied, the contempt petition
does not survive and is accordingly dropped, with the
liberty reserved to the complainant to challenge the
calculation arrived by respondent No.3, in accordance with
law.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
Sd/-
(K S HEMALEKHA)
JUDGE
MCR
