This court disposed of contempt proceedings filed for breach of a stay order in a writ petition concerning repatriation. The court held that a subsequent Official Memorandum issued in October 2020 did not amount to a breach based on events occurring after the original stay.
The contempt petition was disposed of.
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 13TH DAY OF JANUARY, 2021
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
C.C.C. NO. 24 OF 2021 (CIVIL)
BETWEEN:
SRI R.SHEIK AHAMED S/O SRI ABDUL RAHIM AGED 58 YEARS ON DEPUTATION TO RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT GOVERNMENT OF KARNATAKA M.S.BUILDINGS BANGALORE-560 001.
PRESENTLY WORKING AS PROJECT ENGINEER ZILLA PANCHAYAT CHITRADURGA-577 501
RESIDING AT No.2575 MACCA MASJEED ROAD NEAR MASJEED A.MOHAMMADIYA KERE ANGALA CHITRADURGA-277 501.
... COMPLAINANT (BY SHRI P.A.KULKARNI, ADVOCATE)
AND:
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PANCHAYAT RAJ M.S.BUILDINGS BANGALORE-560 001.
... ACCUSED
THIS C.C.C. IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE RESOPNDENTS-ACCUSED HEREIN AND TO PUNISH THEM FOR CONTINUED DISOBEDIENCE OF THE STAY ORDER DATED 17.6.2014 IN W.P.28088 TO 28102 OF 2014 ANNEXURE-C1, AND ETC.
THIS C.C.C. COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the complainant.
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issuing Rule Nisi , the order of repatriation was stayed vide order dated 17th June, 2014.
order is still in force and in breach of the said order, an Official Memorandum has been issued on 15th October, 2020 again repatriating him to his parent unit. The submission of the learned counsel appearing for the complainant is that the act of issuing the order of repatriation on 15th October, 2020 amounts to breach of the order dated 17th June, 2014.
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filing a fresh writ petition or by seeking an amendment to the pending petition.
petition is disposed of.
Sd/CHIEF JUSTICE
Sd/JUDGE
vgh*
1 issue framed by the court
Whether the issue of an Official Memorandum dated 15.10.2020 regarding repatriation constitutes a willful breach of the interim stay order dated 17.6.2014.
2 provisions across 2 enactments
Abhay S. Oka
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
