IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD CCC NO.1731 OF 2018 (CIVIL) BETWEEN:
1. M/S. FAW TECHNOLOGIES O/A. CHITRADURGA, CHITRADURGA - 577 501, REPRESENTED BY ITS PROPRIETOR, SHAKEEL AHAMED.
2. M/S. FAW TECHNOLOGIES O/A. DAVANGERE, DAVANGERE-577 001, REPRESENTED BY ITS PROPRIETOR, SHAKEEL AHAMED.
3. M/S. FAW TECHNOLOGIES O/A. HARIHARA, CHITRADURGA-577 601, REPRESENTED BY ITS PROPRIETOR, SHAKEEL AHAMED.
4. M/S. MARUTHI VTP DODDAPETE, KADUR, CHIKMAGALURU-577 548, REPRESENTED BY ITS PRINCIPAL, PUTAPPA D.
5. SREE SARASWATHI VIDYA SAMSTHE ® BEHIND RAMA MANDIRA, VIJAYANAGARA COLONY, GANGAVATHI-583 227, REPRESENTED BY ITS SECRETARY, R. PAMPANNA GOUDA.
6. M/S. MANIPAL INSTITUTE OF COMPUTER EDUCATION HAVING ITS REGISTERED OFFICE AT KENCHAMBAKRIPA COMPLEX, NEAR KSS COLLEGE, SUBRAMANYA, SULLIA-574 238, REPRESENTED BY ITS DIRECTOR, MR. YADAV.
7. M/S. COMMUNITY POLYTECHNIC HAVING ITS REGISTERED OFFICE AT SHAHIN MAAL, VIJAYA BANK BUILDING, MAIN ROAD, BELLARE, SULLIA-574 238 REPRESENTED BY ITS PRINCIPAL MR. YADAV.
8. M/S. SARASWATHI SKILL ACADEMY HAVING ITS REGISTERED OFFICE AT HOSPET ROAD, MADHUGIRI, TUMAKURU-572 133, REPRESENTED BY ITS PRINCIPAL, SMT. SHYLA S.E.
9. M/S. TEJUS INDUSTRIAL TRAINING INSTITUTE HAVING ITS REGISTERED OFFICE AT NITTUR, TIPTUR ROAD, SH-206, GUBBI TALUK, TUMAKURU-572 223, REPRESENTED BY ITS CHAIRMAN, SRI SRINIVAS.
10. M/S. SOCIAL HELP ENTERPRISES ORGANISATION HAVING ITS REGISTERED OFFICE AT NO.1520, 15TH MAIN, M. C. LAYOUT, VIJAYANAGAR, BENGALURU-560 040, REPRESENTED BY ITS SECRETARY, MR. RAVINDRA.
11. M/S. SOCIAL HELP ENTERPRISES ORGANISATION HAVING ITS REGISTERED OFFICE AT NO.100, GANDIBAZAR, 4TH CROSS, “SITHAMA NILAYA”, ELEREVANA STREET, SHIVAMOGGA-577 201, REPRESENTED BY ITS SECRETARY, MR. RAVINDRA.
... COMPLAINANTS (BY SRI KRISHNA S. VYAS, ADVOCATE) AND:
1. AMALN ADITYA BISWAS THE PRINCIPAL SECRETARY, THE STATE OF KARNATAKA, DEPARTMENT OF EMPLOYMENT AND TRAINING, VIKAS SOUDHA BENGALURU-560 001.
2. ANIRUDH SRAVAN P THE EARLIER INCUMBENT COMMISSIONER THE DEPARTMENT OF EMPLOYMENT AND TRAINING, MES DIVISION, HAVING ITS REGISTERED OFFICE AT KAUSHLYA BHAVANA, DAIRY CIRCLE, BANNERGATTA ROAD, BENGALURU-560 029, PRESENTLY WORKING AS DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, BIDAR-585 401.
3. JYOTHI K DIRECTOR (INCHARGE COMMISSIONER) THE DEPARTMENT OF EMPLOYMENT AND TRAINING MES DIVISION, HAVINT ITS REGISTERED OFFICE AT KAUSHLYA BHAVANA, DAIRY CIRCLE, BANNERGHATTA ROAD, BENGALURU-560 029.
... ACCUSED (BY SRI UDAYA HOLLA, ADVOCATE GENERAL ALONG WITH SRI T. L. KIRAN KUMAR, ADDITIONAL GOVERNMENT ADVOCATE FOR A-1 TO A-3) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, TO INITIATE CIVIL CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR WILLFUL AND DELIBERATE DISOBEDIENCE OF THE ORDER DATED 30.01.2018 IN W.P.NOS.58780- 58782 OF 2016 (GM-RES) AND OTHER CONNECTED MATTERS, VIDE ANNEXURE-A.
***** THIS CCC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER This petition is filed seeking initiation of proceedings of contempt on the ground that the order passed by the learned Single Judge in W.P.No.58780-58782 of 2016, dated 30.01.2018, has been violated.
2. An Affidavit is filed in the Court today by the Additional Director, Department of Industrial Training And Employment (Previously Employment And Training), representing the respondents stating that the aforesaid order of the Court has been complied with. Various documents have been annexed.
3. Heard learned counsels.
4. By the order dated 30.01.2018, passed in W.P.Nos.58780-58782 of 2016, learned Single Judge issued various direction at para-8 of the aforesaid order. Thereafter, at para-9 of the order, it is stated that all the payments that are to be disputed, immediately on reconciliation being completed, the reasons for rejection of the bills relating to the number of candidates shall be made known to the petitioners immediately thereafter.
5. In terms of the Affidavit, it is indicated that various false documents were furnished and that there is an attempt to misuse the Government funds by furnishing forged documents. Notwithstanding the same, they have furnished endorsements rejecting the claims for reimbursement in terms of Annexures-A19 to A29. Under these circumstances, we are of the view that the order of the learned Single Judge have been complied with.
The proceedings are dropped.
Sd/- Sd/-
JUDGE JUDGE JJ