The Karnataka High Court dismissed a contempt petition filed against the Ministry of Health and Family Welfare. Due to a Supreme Court order staying the underlying impugned order, the court closed the contempt proceedings while reserving liberty to the complainant to revive them if needed.
Contempt proceedings closed with liberty to revive.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2019
PRESENT
THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ
C.C.C.NO.1345 OF 2019 (CIVIL)
BETWEEN:
SRI DR.BHEEMAYYA BADESAB, S/O BADE SAB, AGED ABOUT 68 YEARS, WAS WORKING AS A SPECIAL GRADE-II OFFICER OF PUBLIC HEALTH, SUB CADER OF CHS AIR PORT HEALTH ORGANISATION, MUMBAI, NOW R/O SRI KRISHNA NILAYA, PLOT NO.2, KANDAKUR COLONY, NEAR: SHABARI NAGAR,, KUSUGAL ROAD, HUBLI – 580 083, …COMPLAINANT (BY M.NAGARAJAN, ADVOCATE FOR; SRI M.RAGHAVENDRACHAR, ADVOCATE)
AND:
SRI PREETI SUDAN, SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI – 110 001. ...ACCUSED (BY SRI S.R.DODAWAD, ADVOCATE)
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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971 BY THE COMPLAINANT PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR INTENTIONAL WILLFUL DISOBEDIENCE OF THE ORDER OF THIS HON’BLE COURT PASSED IN W.P.NO.28602/2014, DATED 03.01.2019 AND PUNISH THE ACCUSED IN ACCORDANCE WITH THE CONTEMPT OF COURTS ACT OF 1971 AND ISSUE SUCH OTHER DIRECTIONS AS DEEMS FIT IN CIRCUMSTANCES OF THE CASE AND AWARD COST OF THE PETITION.
THIS CCC COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., THE COURT MADE THE FOLLOWING:
O R D E R
Sri S.R.Dodawad, learned counsel submits that
he has instructions to appear for the accused.
memo enclosing a copy of the order of the Hon’ble Supreme Court dated 30.08.2019 staying the operation of the impugned order dated 03.01.2019 in respect of which compliance is being sought in this contempt petition. Memo is also filed in that regard, which is taken on record.
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complainant herein to revive the same in case of necessity.
Sd/JUDGE
Sd/JUDGE
BSR
2 issues framed by the court
Whether the contempt proceedings should be closed given the Supreme Court's order staying the impugned order.
Whether to grant liberty to the complainant to revive the proceedings if necessary.
2 provisions across 1 enactments
Dr. Bheemayya Badesab
Preeti Sudan
B.V.Nagarathna
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
