IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH CCC NO.972 OF 2019 (CIVIL) BETWEEN:
SRI SURENDRA KAVA SON OF KAVA A.T., AGED ABOUT 63 YEARS, SELECTION GRADE LECTURER, DEPARTMENT OF AUTOMOBILE ENGINEERING, S.N.M. POLYTECHNIC, MOODBIDRE, DAKSHINA KANNADA-574 197.
(BY SRI JANARDHANA G., ADVOCATE) AND:
SRI H.U. TALWAR DIRECTOR OF TECHNICAL EDUCATION, GOVERNMENT OF KARNATAKA, PALACE ROAD, BENGALURU-560 001.
... COMPLAINANT ... ACCUSED (BY SRI SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO TAKE COGNIZANCE OF THE OFFENCE COMMITTED BY THE ACCUSED NOT COMPLYING WITH THIS HON'BLE COURT ORDER DATED 28.09.2018 PASSED IN WRIT PETITION NO.40460 OF 2018 (S-RES) VIDE ANNEXURE-A TILL TODAY AND CONSEQUENTLY PUNISH THEM FOR HIS SAID ACT.
***** THIS CCC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed on the ground that the order dated 28.09.2018, passed by the learned Single Judge in Writ Petition No.40460 of 2018, has been disobeyed. In terms of the aforesaid order, it was held that the complainant is entitled to get the benefits in terms of the order passed in Writ Petition No.31455 of 2018, subject to the result of the writ appeal. Since, the same is disobeyed, the instant petition is filed.
2. A counter affidavit is filed by the respondent - accused. He has tendered his unconditional apology for the delay in complying with the order of the learned Single Judge within the timeframe. He has also furnished documents at Annexures–R1 to R6 and submits that the order of the learned Single Judge has since been complied with.
3. In view of the counter affidavit and the Annexures, we do not find any ground to proceed further. Hence, the contempt petition is dropped.
Sd/- Sd/-
JUDGE JUDGE JJ