IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 8TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT CCC NO.478 OF 2019 (CIVIL) BETWEEN:
SRI K. S. LOKESHA SON OF K. N. SHIVAKUMARADHYA, AGED ABOUT 56 YEARS, PRESENTLY WORKING AS WELFARE OFFICER-HR-ESD, ELECTRONIC CITY, BHARAT HEAVY ELECTRICALS LIMITED, BENGALURU-560 100.
(BY SRI H. M. MURALIDHAR, ADVOCATE) AND:
... COMPLAINANT 1. MR. K. ADISESHU GENERAL MANAGER-HR AND DISCIPLINARY AUTHORITY, BHARAT HEAVY ELECTRICALS LIMITED, P.B.NO.2606, MYSURU ROAD, BENGALURU-560 026.
2. MR. C. ANANDA EXECUTIVE DIRECTOR (ED) & APPELLATE AUTHORITY, BHARAT HEAVY ELECTRICALS LIMITED, P.B.NO.2606, MYSURU ROAD, BENGALURU-560 026.
... ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF COURTS ACT, PRAYING TO ALLOW THE PETITION, INITIATE PROCEEDINGS UNDER THE CONTEMPT OF COURTS ACT AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW FOR THEIR ACT OF WILLFUL DISOBEDIENCE OF THE LAWFUL ORDER DATED 05.12.2018 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.50501 OF 2018 (S-RES) OR IN THE ALTERNATIVE PASS SUCH OTHER ORDER/S AS THIS HON'BLE COURT DEEM FIT TO PASS ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE ***** THIS CCC COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed on the ground that the order of the learned Single Judge dated 05.12.2018, passed in Writ Petition No.50501 of 2018, has been disobeyed.
2. In terms of the aforesaid order, the impugned order dated 14.07.2018, at Annexure-L was stayed, till the next date of hearing. The plea of the complainant is that since the transfer order has been stayed, it is expected that the respondent be placed in the original post.
3. However, on hearing the contentions, we do not find that the said interpretation can be accepted. To put back the petitioner to the earlier position is a positive order, apparently that is not what was granted. The aforesaid order was to the effect of staying the impugned order dated 14.07.2018, at Annexure–L, till the next date of hearing. Hence, we do not find any contempt that has been committed and the contempt proceedings are accordingly dropped.
Sd/- Sd/-
JUDGE JUDGE JJ