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2023 DIGILAW 623 (KAR)

Muniyellappa v. V. Rashmi Mahesh

2023-04-20

B.VEERAPPA, T.VENKATESH NAIK

body2023
JUDGMENT/ORDER B.VEERAPPA, J. - Complainants filed the present Civil Contempt Petition under the provisions of Ss. 11 and 12 of the Contempt of Courts Act, 1971, against accused, alleging willful disobedience of the Order dtd. 18/1/2017 passed in W.P.Nos.963-965/ 2014, wherein, the learned single Judge, while allowing the writ petitions, quashed the endorsement dtd. 25/10/2013 issued by respondent No.2 and directed respondent No.2 to re- examine the claim or proposal dtd. 7/8/1990 in the light of the observations made in the order, expeditiously, and at any rate, within a period of three months from the date of receipt of certified copy of the Order. The said order, when challenged in W.A.Nos.5614/2017 and 6106-6107/2017, the co-ordinate Bench of this Court, by the Order dtd. 25/10/2017, disposed off the Writ Appeal, recording the prayer of learned Additional Government Advocate seeking four weeks' time to implement the order passed by the learned single Judge. 2. Since the accused failed to comply with the Order passed by the learned single Judge, confirmed by the Division Bench, the present Contempt Petition came to be filed on 13/12/2018. It is also relevant to note at this stage that, earlier, complainant Nos.2 and 3 had filed CCC Nos.867-945/2017 and this Court, by the Order dtd. 31/1/2019 dropped the contempt proceedings, taking on record the additional counter affidavit filed by Director of Collegiate Education, Higher Education Department stating that the Order has been complied with and unconditional apology for delay in complying the order. 3. In the present contempt petition, Dr.Appaji Gowda, Director of Collegiate Education, Bengaluru, filed the affidavit dtd. 19/4/2023, wherein, at paragraphs 5 and 6, it is stated as under: "5. I most respectfully submit that, in compliance of the Orders passed by this Hon'ble court, the office of the Commissioner of Collegiate Education has positively considered the case of the Complainants for the purpose of admitting them to Grant-in-Aid as per the Order dtd. 30/1/2019. Copy of the said Order is herewith produced at Annexure-R1. Pursuant to the Order being passed by the Commissioner of Collegiate Education, the State of Karnataka also has passed an Order dtd. 11/2/2019, admitting the aforementioned Complainants to Grant-in-Aid and Orders were passed accordingly. Copy of the order passed by the State of Karnataka is produced herewith at Annexure-R2. 6. Copy of the said Order is herewith produced at Annexure-R1. Pursuant to the Order being passed by the Commissioner of Collegiate Education, the State of Karnataka also has passed an Order dtd. 11/2/2019, admitting the aforementioned Complainants to Grant-in-Aid and Orders were passed accordingly. Copy of the order passed by the State of Karnataka is produced herewith at Annexure-R2. 6. I most respectfully submit that pursuant to the aforementioned two (2) orders passed by our Department and State of Karnataka, the Complainants herein are also being paid salary as per Grant-in-Aid and also drawing the same accordingly. Copies of the orders for having disbursed salaries to the Complainants as per the Grant-in-Aid are produced herewith at AnnexureR3." N 4. In view of the above, we pass the following: ORDER Contempt Proceedings are hereby dropped, subject to compliance of the Order passed as per Annexures-R1 to R3 to the affidavit dtd. 19/4/2023, stated supra. If for any reason, the order is not complied, it is always open for the complainants to file an application for revival of this Order in accordance with law.