In contempt proceedings filed for disobedience of an order directed to restore service benefits, the court found respondents guilty but dropped the proceedings on the production of a belated sanction order, awarding litigation costs instead.
Contempt proceedings dropped; accused directed to pay Rs. 1,00,000/- cost to petitioners.
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 08TH DAY OF DECEMBER, 2022
PRESENT
THE HON’BLE MR. JUSTICE B.VEERAPPA
AND
THE HON’BLE MRS. JUSTICE K.S.HEMALEKHA
C.C.C. No.2101/2018 (CIVIL)
BETWEEN:
NRUPATHUNGA ROAD, BENGALURU – 560 001.
AND:
(BY SRI ARUN K.S., ADVOCATE FOR A-1 TO A-3)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON’BLE HIGH COURT BE PLEASED TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NOS.1 TO 3 FOR WILLFULLY AND DELIBERATELY DISOBEYING THE JUDGMENT/ORDER DATED 03.07.2018 PASSED BY THIS HON’BLE COURT IN W.P.NOS.16348-51/2015, VIDE ANNEXUREA.
THIS CCC COMING ON FOR ORDERS, THIS DAY, B.VEERAPPA J ., PASSED THE FOLLOWING:
O R D E R
The complainants have filed the present contempt petition to take action against the accused Nos.1 to 3 under the provisions of Sections 11 and 12 of the Contempt of Courts Act for willful disobedience of the order dated 03.07.2018 passed by the learned Single Judge made in W.P. Nos.16348-351/2015, wherein the learned Single Judge of this Court after hearing both the parties disposed of the writ petition and quashed the impugned
resolution bearing Subject No.18 dated 20.06.2014 (Annexure-W) and directed respondent Nos.2 and 3 i.e., the General Thimmayya National Academy of Adventure represented by its Chairman and the Director General, General Thimmayya National Academy of Adventure and Director of Youth Empowerment and Sports to consider the services of the petitioners in the same status as it existed prior to 20.06.2014, when the impugned resolution was passed and on the said basis, accused Nos.2 and 3 are directed to workout the service benefits, if any payable to the petitioners and pay the same, as expeditiously as possible but not later than two months from the date on which the copy of the order is submitted. The other aspects, the service conditions shall continue in the same manner as it existed prior to 20.06.2014, without any alteration whatsoever.
the order passed by the learned Single Judge within the time stipulated, the complainants were forced to file the present contempt petition on 12.10.2018.
original records before this Court.
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order was received by the accused persons on 18.07.2018. If that is so, the accused persons ought to have passed the orders on or before 18.09.2018, they have dragged the complainants to file the present contempt petition before this Court on 12.10.2018 and even after filing the contempt petition, they have not considered nor passed the orders. When this Court took cognizance of the violation, the accused persons have now issued sanction order sanctioning payment of arrears to the complainants and the same was produced by the counsel for the complainants dated “Nil”. Thereby, the accused persons have willfully and deliberately disobeyed the order passed by the learned Single Judge and only on the compulsion, i.e., when the contempt proceedings initiated, they have passed the order on 18.02.2020 i.e., after lapse of more than one year five months. Thereby, the complainants were unnecessarily driven before this Court by engaging a lawyer and wasting public time and this happens in all the cases, where the Government Officers are accused persons and in spite of strong words used, they have not changed their attitude, but continued to delay the proceedings by
using tactics and when this Court contemplates to initiate contempt proceedings, then they pass the orders. Thereby, they unnecessarily wasted the public time, harassed the complainants by engaging a lawyer in the present contempt petition for not complying the order within the time stipulated. Thereby, the accused persons are liable to pay the cost of litigation expenses to the complainants in the present contempt petition.
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(i.e., Rs.25,000/- each) within a period of four weeks from today.
ORDER
Sd/-
JUDGE
Sd/JUDGE
MBM
2 issues framed by the court
Whether the contempt proceedings should be maintained against respondents for willful disobedience of a prior order.
Whether respondents are liable to pay litigation costs for delaying compliance with court orders.
2 provisions across 2 enactments
SRI N.T. KARENNAVAR
SRI M. LINGESH
SRI M. ZUBAIR AHMED
SRI P. MUTHURAYA
SRI G. PARAMESHWARA
SRI N. SHIVASHANKAR
B.VEERAPPA
K.S.HEMALEKHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
