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 NOS.1591 TO 1595 OF 2018 (CIVIL) BETWEEN:
1. SRI NARASIMHARAJ URS K.R., AGED ABOUT 36 YEARS SON OF SRI RAMARAJE URS K., BADALI WORKER, FALCON TYRES LIMITED METAGALLI K.R.S. ROAD MYSURU – 570 023 AND PRESENTLY RESIDING AT NO.1675 2ND STAGE, SRIRAMPURA MYSURU – 570 023.
2. SRI RAJASHEKAR CHAKRAPALI SON OF LATE SHIVAMURTHYAPPA AGED ABOUT 46 YEARS CHAKRAPALI BADALI WORKER, FALCON TYRES LIMITED METAGALLI, K.R.S. ROAD MYSURU AND PRESENTLY RESIDING AT CARE OF GURAVVA BASAPPA KUMBARA NEAR GANJI BASAVESHWARA CIRCLE OKKALAGERI, KUMBARA ONI GADAGA – 582 101.
3. SRI RAVIKUMAR @ RAVI S.B., AGED ABOUT 44 YEARS SON OF BOLE GOWDA BADALI WORKER, FALCON TYRES LIMITED METAGALLI K.R.S. ROAD MYSURU AND PRESENTLY RESIDING AT NO.12 BANNANGADI VILLAGE AND POST PANDAVAPURA TALUK MANDYA – 571 812.
4. SRI GOVARDHAN B.S., AGED ABOUT 36 YEARS SON OF B.D. SREENIVASA GOWDA BADALI WORKER, FALCON TYRES LIMITED METAGALLI K.R.S. ROAD, MYSURU AND PRESENTLY RESIDING AT BETE THIMMANA KOPPALU GRAMA YENNE HOLE KOPPAL PANDAVAPURA TALUK MANDYA DISTRICT – 570 073.
5. SRI SINGRI GOWDA B., AGED ABOUT 36 YEARS SON OF BETTEGOWDA BADALI WORKER FALCON TYRES LIMITED METAGALLI, K.R.S. ROAD MYSURU – 570 016 AND PRESENTLY RESIDING AT ARALAKUPPE VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT – 571 427. … COMPLAINANTS (BY SRI KUTTAPPA B.D., ADVOCATE) AND:
1. SRI PAVAN KUMAR RUIA MAJOR CHAIRMAN RUIA CENTRE 46, SAYED AMMIR ALI AVENUE FALCON TYRES LIMITED CULCUTTA – 700 017 WEST BENGAL INDIA.
2. SMT. NALINI MAJOR H.R. MANAGER AND INCHARGE FACTORY MANAGER FALCON TYRES LIMITED K.R.S.ROAD METAGALLI MYSURU – 570 016. ... ACCUSED (BY SRI D.NAGARAJA REDDY, ADVOCATE FOR ACCUSED NO.2 ACCUSED NO.1 IS DELETED VIDE ORDER DATED 14.3.19) THESE CONTEMPT PETITIONS ARE FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO SECURE THE PRESENCE OF THE ACCUSED AND PUNISH THEM FOR COMMITTING THE CONTEMPT OF THE ORDER DATED 25.07.2017 MADE IN WRIT PETITION NO.5685 OF 2013 AND WRIT PETITION NOS. 12605 TO 12609 OF 2013 (L-RES) BY THIS COURT.
THESE CONTEMPT PETITIONS COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER These contempt petitions are filed on the ground that the order dated 25.07.2017 passed by the learned Single Judge of this Court in Writ Petition Nos.5685 of 2013 and 12605-12609 of 2013 has been disobeyed. In terms of the said order, the writ petitions were dismissed observing that respondents No.2 to 7 therein, who were kept under suspension are entitled for subsistence allowance.
2. In the instant contempt petitions, initially two persons were arraigned as accused. On an application being filed by the complainant, accused No.1 was deleted, accused No.2 was impleaded as one Sri Gangadharaiah. Thereafter, an application was made to substitute the name of Sri Gangadharaiah with that of Smt. Nalini, who is a H.R.Manager.
3. Presently, it is submitted by the learned counsel for the accused that the said Smt. Nalini has resigned from the post in the year 2016. The order that is said to have been disobeyed is passed on 25.07.2017. The accused was not a party to the proceedings. The accused had already retired even before the order was passed by the learned Single Judge. Hence, we are of the view that no contempt could be proceeded against the accused herein.
Accordingly, the petitions are dismissed.
Sd/- Sd/-
JUDGE JUDGE ST