IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE H.P.SANDESH CCC NO.2467 OF 2018 (CIVIL) BETWEEN:
D. PRAKASH SON OF DODDANARASAPPA AGED 47 YEARS WORKING AT SIDDAGANGA PRE-UNIVERSITY COLLEGE, HALANUR-572 104 TUMKUR TALUK TUMKUR DISTRICT RESIDING AT THERINA BEEDI KORTAGERE TUMKUR DISTRICT. ... COMPLAINANT (BY SRI. M.V. RAMESH JOIS, ADVOCATE) AND:
S.R. UMASHANKAR, I.A.S., SECRETARY EDUCATION DEPARTMENT (PRIMARY AND HIGHER SECONDARY) STATE OF KARNATAKA M.S. BUILDING BENGALURU-560 001. ... ACCUSED (BY SRI. PRABHULING K. NAVADGI, ADVOCATE GENERAL ALONG WITH SRI. A.K. VASANTH, ADDITIONAL GOVERNMENT ADVOCATE) THIS CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE APPROPRIATE ACTION AGAINST THE ACCUSED/ RESPONDENT FOR THE WILLFUL DIOBEDIENCE ORDER OF THIS COURT AND CONTEMPT OF THE ORDERS DATED 05.07.2018 IN WRIT PETITION NO.16793 OF 2017 (S-RES) VIDE ANNEXURE-A AND PUNISH THE RESPONDENT AND THEREBY CAUSE IMPLEMENTATION OF THE ORDERS OF THIS COURT AND TO EXTEND TO THE PETITIONER THE BENEFIT OF ADMISSION TO GRANT AND THE SERVICE BENEFITS FOLLOWING THE SAME AS REVISED FROM TIME TO TIME WITH ALL ARREARS AND MONETARY BENEFITS, AND AWARD THE COST OF THIS CONTEMPT PETITION.
THIS CONTEMPT PETITION COMING ON FOR HEARING BEFORE FRAMING OF CHARGES THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER A memo is filed in the Court today enclosing the copy of Act No.7 of 2014, copy of the order dated 10.07.2015 passed by the learned Single Judge of this Court in Writ Petition No.21216 of 2014 and connected matters and copy of the interim order dated 27.11.2015 passed in Writ Appeal No.2476 of 2015.
2. It is pleaded by the accused that the order said to have been disobeyed has since been complied as could be seen from Annexure-R1 produced along with the compliance affidavit. It is further pleaded that Act No.7 of 2014 was sought to be challenged in Writ Petition No.21216 of 2014 and connected matters. By the order dated 10.07.2015, the provision of Act No.7 of 2014 was set aside. The same was challenged by the State in Writ Appeal No.2476 of 2015. In terms of the order dated 27.11.2015, an interim relief was granted to the respondents therein based on the submissions made by the learned Advocate General on that date that the appeal is pending. Therefore, it is pleaded that the outcome of the said writ appeal would have a direct bearing, so far as the instant order of the learned Single Judge which is sought to be disobeyed is concerned.
3. On hearing learned counsels and in view of Annexure-R1 being filed along with the compliance affidavit, we do not find any ground to proceed further.
The proceedings are dropped.
However, liberty is reserved to the complainant to file a fresh petition, based on the outcome in Writ Appeal No.2476 of 2015 and connected matters.
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JUDGE JUDGE ST