Dismissed

Sri Vijay Badiger v. Sri Nagesh v Bettakote

Karnataka HC4 Dec 2023CCC/39/2023

Case brief

AI extract

What is this about?

In a criminal contempt petition filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, the High Court of Karnataka disposed of the complaint after finding that the respondent University had duly complied with the earlier order by crediting salaries to the complainants. Notice was discharged.

What did the court decide?

Notice discharged; contempt complaint disposed of.

Sri Vijay Badiger Vs Sri Nagesh v… — Constitutional and Fundamental Rights | Karnataka HC (2023)

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NC: 2023:KHC:43580-DB CCC No. 39 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF DECEMBER, 2023

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PRESENT

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THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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CIVIL CONTEMPT PETITION NO. 39 OF 2023

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BETWEEN:

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SRI. VIJAY BADIGER, AGED ABOUT 40 YEARS, S/O ARJUN, AKKATANGERHAL POST, GOKAK TALUK, BELAGAVI DISTRICT – 591 101.

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Digitally signed by SHARADA VANI B

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Location: HIGH COURT OF KARNATAKA

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SRI HANUMANTHARAJU K.H, AGED ABOUT 40 YEARS, S/O LATE HANUMAIAH, KALEGOWDANADODDI VILLAGE, SATANUR HOBLI AND POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT – 562 126.

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SRI. NATARAJU H.M., AGED ABOUT 38 YEARS, S/O LATE MALLIKARJUNA SWAMY, HANAVADI VILLAGE, PURIGALI POST, MALAVALI POST, MANDYA DISTRICT – 571 463.

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SRI. M.S. SHIVAKUMAR, AGED ABOUT 50 YEARS, S/O LATE SAVADAPPA, MALAGANAKERE VILLAGE, MAKODU POST, PIRIYAPATNA TALUK, MYSURU DISTRICT – 571 108.

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MS. RASHMI R,

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- 2 - NC: 2023:KHC:43580-DB CCC No. 39 of 2023

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AGED ABOUT 29 YEARS, D/O RAJASHEKARA MURTHY, MADRAHALLY VILLAGE, KANNAHALLI POST, T. NARASIPURA TALUK, MYSURU DISTRICT – 571 124.

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SRI. GURUSWAMY, AGED ABOUT 45 YEARS, S/O MADAIAH, HADINARU VILLAGE & POST, NANJANGUD TALUK, MYSURU DISTRICT – 571 302.

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SRI. CHANDRASHEKARA K, AGED ABOUT 46 YEARS, S/O LATE KEMPASIDDAIAH, NO 1544/8, 3^RD CROSS, ASHOKAPURAM, MYSURU – 570 008.

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MS. VIMALA H.M, AGED ABOUT 34 YEARS, W/O VINAYA G., No.1229, TEJASWINI, 2^ND STAGE, 2^ND CROSS, SRIRAMPURA, NEAR GOVERNMENT SCHOOL, MYSURU – 570 023.

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…COMPLAINANTS

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(BY SRI. RACHANA BHARADHWAJ R.,ADVOCATE)

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AND:

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SRI NAGESH V BETTAKOTE THE REGISTRAR (VICE CHANCELLOR), KARNATAKA RAJYA DR. GANGUBAI HANAGAL SANGEETHA AND PRADARSHAKA KALEGALA VISHWAVIDYALAYA, J.L.B. ROAD, NEAR ASHOKA CIRCLE, LAKSHMIPURA, MYSURU – 570 004.

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…ACCUSED

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(BY SRI.B N AMBARISHA., ADVOCATE FOR SRI.NAGARALE SANTOSH SUBHASHCHANDRA., ADVOCATE)

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3 - NC: 2023:KHC:43580-DB CCC No. 39 of 2023

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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, PRAYING TO INITIATE APPROPRIATE PROCEEDINGS INCLUDING PROCEEDINGS FOR THE CONTEMPT OF THIS HON’BLE COURT AGAINST THE RESPONDENT/ACCUSED HEREIN FOR THEIR WILLFUL, DELIBERATE AND WANTON DISOBEDIENCE OF THE ORDERS DATED 01.06.2022 AND 22.09.2022 IN W.P.NO.6999/2021 (ANNEXURE-A) PASSED BY THIS HON’BLE COURT AND PUNISH THEM UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURTS ACT, 1971.

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THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Heard the counsel for the complainants.

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The complainants approach this court with the

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grievances of non-compliance of the order of the learned Single Judge dated 1.6.2022 in W.P.No.6999/2021, copy of the order is at page 36.

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It is stated in para 8 of the Compliance Affidavit filed in this court dated 17.03.2023, that a meeting was held between the Principal Secretary, Higher Education Department, Government of Karnataka with the Syndicate Committee of the University on 22.12.2022 and a Resolution came to be passed for payment of salaries to

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4 - NC: 2023:KHC:43580-DB CCC No. 39 of 2023

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the complainants. The Resolution was approved by the respondent vide his order dated 14.01.2023. It is further stated in para 9 of the Affidavit that the Finance Officer of the University also issued letter dated 19.01.2023 directing the State Bank of India, Krishnamurthy Puram Branch, Mysore, to credit the salaries to the respective accounts of the complainants herein & to other temporary employees and the salaries have been accordingly credited to the respective accounts. A copy of the letter dated 19.1.2023 issued by the Finance Officer of University is annexed to the Compliance Affidavit and marked as document No.4.

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Learned counsel then invited our attention to

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the said document which is in a Tabular Form giving particulars under caption ‘ Name of the Employee, Account Numbers and the amounts paid credited in the account of the employees ’. These statements clearly indicate that the respondent-accused have duly complied with the order of the learned Single Judge dated 1.6.2022. Though the

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5 - NC: 2023:KHC:43580-DB CCC No. 39 of 2023

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counsel for the complainants made an attempt to submit that the salary credited to the accounts of the complainants is not computed on the basis of 6^th Pay Scale, the said issue cannot be an issue to be considered by the contempt court. The complainants are already before the learned Single Judge in their pending petition, and they may raise appropriate issues before the learned Single Judge, if so advised.

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As the order of the learned Single Judge is now duly complied with, the complaint of contempt is disposed off. Notice is discharged.

Sd/CHIEF JUSTICE

Sd/JUDGE

CBC

List No.: 1 Sl No.: 26

Sri Vijay Badiger v. Sri Nagesh v Bettakote

Case brief

What is this about?

What did the court decide?

Sri Vijay Badiger v. Sri Nagesh v Bettakote

Case brief

What is this about?

What did the court decide?

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