IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR CCC NO.1812 OF 2018 (CIVIL) BETWEEN:
DR.DEEPAK. L AGED 35 YEARS, S/O M LAKSHMANAPPA, R/AT NO.3, 40/49, LAKSHMI VENKATESHWARA NILAYA, 4TH CROSS, PIPELINE ROAD, SANTHOSH NAGAR, T.DASARAHALLI, BENGALURU – 560 057 ... COMPLAINANT (BY SRI.PUNDIKAI ISHWARA BHAT, ADV.) AND:
SRI.SATISH H. S. MAJOR, DIRECTOR CUM DEAN, BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE, K.R. ROAD, FORT, BENGALURU – 560 002 ... ACCUSED (BY SRI.P S MALIPATIL.ADV.) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH HIM FOR WILLFUL DISOBEDIENCE OF NOT HONOURING THE DIRECTION ISSUED BY THIS HON'BLE COURT VIDE ORDER DATED 24.05.2018 IN W.P.NO.22844/2018 (ANNEXURE-B).
THIS CONTEMPT CASE COMING ON FOR ORDERS, THIS DAY, NARAYANA SWAMY J., MADE THE FOLLOWING:
O R D E R Vide order dated 24th May 2018, Direction was issued to the second respondent-accused to find out as to whether any salary is payable to the petitioner for the earlier period remains pending and payable, to take note of the same and consider payment of salary. Since the same has not been paid, this contempt petition is filed.
2. The learned counsel for the accused files counter and the same is taken on record. It is submitted that computation is required to be done on the basis of the records. If at all the petitioner is entitled to, it is for him to make necessary application before the learned single Judge seeking direction.
3. Heard the learned counsel for the parties. This contempt petition is filed against non-compliance of the interim order dated 24th May 2018 passed by the learned single Judge.
The direction is to compute and decide whether the petitioner is entitled for any salary which remains pending and payable. The entitlement is to be considered by the respondents. If it is the case of the petitioner that he is entitled for salary, then it is for him to file necessary application before the learned single Judge. Observing thus, this contempt petition stands dropped.
Sd/- JUDGE lnn Sd/- JUDGE