IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE H.P.SANDESH CCC NO.124 OF 2019 (CIVIL) BETWEEN:
CATHERINE A., WIFE OF SHANTAPPA RAJU C., AGED ABOUT 56 YEARS WORKING AS ASSISTANT TEACHER STS. PETER AND PAUL HIGH PRIMARY SCHOOL GORIPALYA BENGALURU – 560 018. ... COMPLAINANT (BY SRI. CHANDAN SANJAY BHAT, ADVOCATE FOR SRI P. PRASANNA KUMAR, ADVOCATE) AND:
1. SHRI S.R. UMASHANKAR, IAS., THE SECRETARY STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU – 560 001.
2. DR. P.C. JAFFER, IAS., COMMISSIONER FOR PUBLIC INSTRUCTION NRUPATHUNGA ROAD BENGALURU – 560 001. ... ACCUSED (BY SRI A.K. VASANTH, ADDITIONAL GOVERNMENT ADVOCATE) THIS CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO A) CALL FOR THE RELEVANT RECORDS AND B) INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED HEREIN FOR HAVING WILLFULLY DISOBEYED THE ORDER DATED 01.10.2018 PASSED BY THIS COURT IN WRIT PETITION NO.33826 OF 2015 IS PRODUCED AS ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.
THIS CONTEMPT PETITION COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This contempt petition is filed on the ground that the order dated 01.10.2018 passed by the learned Single Judge of this Court in Writ Petition No.33826 of 2015 has been disobeyed. In terms of the said order, the respondents No.1 and 2 therein were directed to pay arrears within a period of two weeks from the date of receipt of the copy of the order dated 01.10.2018 and consider the case of the petitioner for the purpose of time bound increment and also to pay arrears of salary. Since, the same was not done, the instant petition is filed.
2. A compliance affidavit is filed by accused No.2.
He has tendered his unconditional apology for the delay in complying with the order of the learned Single Judge within the time frame. He has also furnished Annexure-R1 which indicates payment of the arrears amount as calculated by the complainant. In view of the same, the delay in compliance is condoned.
3. In view of Annexure-R1 being passed and the order of learned Single Judge being complied, we find no good ground to proceed further. The proceedings are dropped.
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JUDGE JUDGE ST