The High Court considered a contempt petition alleging breach of order regarding the seniority list of Account Superintendents. Finding substantial compliance but gross delay, the court dismissed the petition and ordered costs against the State.
Directorate of Municipal Administration to pay costs quantified at Rs.20,000/- to the complainant within one month.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2021
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
C.C.C NO. 203 OF 2021 (CIVIL)
BETWEEN:
SRI NAMDEV AGED ABOUT 39 YEARS S/O HANMANTHA K.N. WORKING AS ACCOUNTS SUPERINTENDENT ACCOUNTS SECTION CITY MUNICIPAL CORPORATION DAVANAGERE R/AT NO.629/52, 7TH MAIN 2ND CROSS, NITTUNAHALLI NEW EXTENSION DAVANAGERE - 577 004 ... COMPLAINANT
(BY SHRI RANGANATHA S JOIS, ADVOCATE)
AND:
(BY SHRI V.SREENIDHI, AGA FOR A-1 & R-2)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THEM FOR THEIR WILLFUL DISOBEDIENCE TO THE ORDER OF THIS COURT DATED 20.10.2020 IN W.P.NO.42839/2018 VIDE ANNEXURE-A AND ETC.
THIS CCC COMING ON FOR FRAMING OF CHARGES THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the
complainant.
February 2021. This Court observed in the order dated 29th March 2021 that prima facie , the order dated 7th January 2021 passed by the accused was not in conformity with the order of which breach is alleged. Thereafter, a fresh order was passed on 19th April 2021. Even the said order as noted in the order dated 22nd June 2021 was found to be in breach of the order of which contempt is alleged. Now, on 30th July 2021, a fresh order
has been passed by the Directorate of Municipal Administration, Bengaluru. The name of the complainant was included along with Shri Sudhakar B Bijjur, Shri Mahabalesh T.K and Shri K.L.Vishwanath in the revised final seniority list dated 4th January 2018 of the Account Superintendents of Corporations.
belatedly made, no further proceedings under the Contempt of Courts Act, 1971 are warranted. However, considering the gross delay in making compliance, it is a fit case to impose costs quantified at Rs.20,000/-.
(i) The petition is disposed of directing the second accused-State of Karnataka to pay the costs quantified at Rs.20,000/- to the complainant within a period of one month from today;
Sd/-
CHIEF JUSTICE
Sd/JUDGE
SN
2 issues framed by the court
Whether substantial compliance with the earlier order justifies dismissal of the contempt petition despite gross delay.
Whether the accused is liable to pay costs for delayed compliance.
The State of Karnataka Rep. by its Principal Secretary Urban Development Department
Abhay S. Oka
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
