This judgment records the dropping of Civil Contempt Proceedings pending against various accused for disobedience of a prior order in WP Nos.4326-4356/2015, following an interlocutory application where the complainant filed a memo praying to discontinue the proceedings.
The Civil Contempt Proceedings are hereby dropped.
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 27TH DAY OF OCTOBER, 2022
PRESENT
THE HON’BLE MR. JUSTICE B.VEERAPPA
AND
THE HON’BLE MRS. JUSTICE K.S.HEMALEKHA
C.C.C. No.217/2020 (CIVIL)
BETWEEN:
SRI S. RAMESH S/O. LATE S. SRINIVASA, AGED ABOUT 63 YEARS, RETD. ASSOCIATE PROFESSOR, BES FIRST GRADE COLLEGE, 4TH BLOCK, JAYANAGAR, BANGALORE – 560 011.
RESIDING AT NO.582, 52ND CROSS, 3RD BLOCK, RAJAJINAGARA, BANGALORE – 560 010. ... COMPLAINANT
(BY SRI PADMANABHA R., ADVOCATE)
AND:
- 2 -
M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001.
(BY SRI KIRAN KUMAR, HCGP FOR A-1 TO A-4)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON’BLE COURT BE PLEASED TO INITIATE CONTEMPT PROCEEDINGS AGAINST ALL THE ACCUSED FOR DELIBERATE AND INTENTIONAL DIS-OBEDIENCE OF THE ORDER OF THIS HON’BLE COURT MADE IN W.P.NOS.43264356/2015 (S-RES) AS PER ANNEXURE-D DATED 27/07/2015 AND TO PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.
THIS CCC COMING ON FOR HEARING INTERLOCUTORY APPLICATION, THIS DAY, B.VEERAPPA J ., PASSED THE FOLLOWING:
O R D E R
The complainant has filed the present contempt petition against the accused under the provisions of Sections 11 and 12 of the Contempt of Courts Act for willful disobedience of the order dated 27.07.2015 passed by the learned Single Judge made in WP Nos.4326-4356/2015, wherein the learned Single Judge while allowing the writ petitions has observed as under:
“(ii) The Karnataka Private Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014 (Karnataka Act No.07/2014) is hereby struck down as ultravires of Constitution of India as it is opposed to Article 14 of Constitution of India and also encroaches upon the judicial powers of the Courts as discussed herein above.
(iii) Respondent - State shall continue to pay salary or pension as the case may be, to petitioners and similarly placed persons as was being paid pursuant to its earlier orders or in
other words, as it was being paid prior to impugned enactment.
OR
Respondent State shall comply with the directions already issued by this Court extending the monetary benefits and treating the petitioners working in Private Aided Educational Institutions on par with the employees working in Government Institutions.
(iv) In the event of respondent - State having recovered any amount/s pursuant to the impugned enactment, same is hereby ordered to be refunded to the respective petitioner/s by the State expeditiously, at any rate within eight weeks from the date of receipt of certified copy of this order.”
filed a memo dated 23.09.2022 praying to drop the above contempt proceedings initiated against the accused.
following:
ORDER
The Civil Contempt Proceedings are hereby
dropped.
Sd/JUDGE
Sd/JUDGE
MBM
2 issues framed by the court
Whether the civil contempt proceedings instituted for willful disobedience of an order should be dropped at the stage of interlocutory application when the complainant filed a memo praying to drop the
Whether an order under Section 11 of the Contempt of Courts Act can remain pending if the complainant explicitly requests its withdrawal during the interlocutory stage.
1 provisions across 1 enactments
SRI G. SRIDHAR
SRI ANIL KUMAR
SMT. MANJULA
SRI PRASAD
B.VEERAPPA
K.S.HEMALEKHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
