Disposed

Sri N S Kantharaju v. Sri Lohitheshwar Reddy

Karnataka HC5 Oct 2023CCC/624/2023

Case brief

AI extract

What is this about?

In a contempt petition filed regarding non-payment of salary, the High Court observed that the grievance was resolved by the tendering of a demand draft. The Court directed the respondent-State to hand over the draft afresh within one week. The complaint of contempt was disposed of and notice was discharged.

What did the court decide?

Respondent-State directed to handover the demand draft afresh to the complainant within one week and obtain endorsement; complaint disposed; notice discharged.

Sri N S Kantharaju Vs Sri Lohitheshwar Reddy — Contempt of Court | Karnataka HC (2023)

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NC: 2023:KHC:36026-DB CCC No. 624 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF OCTOBER, 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. 624 OF 2023

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BETWEEN:

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SRI. N S KANTHARAJU, S/O SRI. N.K.SHIVALINGAIAH, AGED ABOUT 53 YEARS, SECOND DIVISION ASSISTANT BHAGINI NIVEDITHA HIGH SCHOOL, DINNUR MAIN ROAD, R.T. NAGAR, BANGALORE 560 032.

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…COMPLAINANT

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(BY SRI. S N BHAT., ADVOCATE FOR SRI. M S DEVARAJU.,ADVOCATE)

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Digitally signed by SHARADA VANI B

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Location: HIGH COURT OF KARNATAKA

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AND:

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SRI. LOHITHESHWAR REDDY, DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT OF PUBLIC INSTRUCTIONS, K G ROAD, BANGALORE NORTH TALUK, BANGALORE 560 002.

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SRI. ASHWATHNARAYAN, BLOCK EDUCATION OFFICER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NORTH RANGE-4, YELAHANKA, BANGALORE 560 064.

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2 - NC: 2023:KHC:36026-DB CCC No. 624 of 2023

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SRI B.S. SUNDARESH, HEAD MASTER, SRI. RAGHAVENDRA, ASHRAMA HIGH SCHOOL, DODDABOMMASANDRA, BANGALORE 560 097.

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G.S. BASAVARAJU, THE HEAD MASTER, SRI BHAGINI NIVEDITHA HIGH SCHOOL, DINNUR MAIN ROAD, R.T. NAGAR, BANGALORE 560 032.

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STATE OF KARNATAKA, REPRESENTED BY THE UNDER SECRETARY TO GOVERNMENT, DEPARTMENT OF PRIMARY AND HIGHER EDUCATION, VIDHANA SOUDHA, BENGALURU, (PRO FORMA RESPONDENT).

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…ACCUSED

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(BY SRI.DEVARAJ ASHOK., AGA FOR PROFORMA ACCUSED)

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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 CONTEMPT PROCEEDINGS AGAINST THE RESPONDENT/ACCUSED NO.3 AND PUNISH THE ACCUSED NO.3 FOR VIOLATING THE ORDER DATED 2.12.2020 PASSED IN WRIT PETITION NO.8345/2015 ON THE FILE OF THIS HONBLE COURT AND TO PROCEED AGAINST THE RESPONDENT NO.3/ACCUSED NO.3 IN ACCORDANCE WITH LAW FOR DISOBEYING THE ORDER PASSED BY THIS HONBLE COURT IN THE INTERESTS OF JUSTICE.

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

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3 - NC: 2023:KHC:36026-DB CCC No. 624 of 2023

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ORDER

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Heard the counsel for the complainant. Learned Additional Government Advocate invited our attention to the affidavit filed in this court on 4.10.2023. As per the statement in the affidavit, the grievance of the complainant about the payment of the salary is resolved. The demand draft to the tune of Rs.2,60,305/- was tendered to the Complainant, copy of the demand draft is annexed to the affidavit as Annexure-R3. Learned Additional Government Advocate further submits that as per the calculation and demands of the Complainant itself, the amount was quantified and demand draft was drawn and attempt was made by the authority of the State in School Education Department to handover to the Complainant but he refused to accept the tender.

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The counsel for the Complainant submits that if the authority forwards the demand draft now the Complainant will accept the same and in case if the Complainant finds grievance about the adequacy of the

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4 - NC: 2023:KHC:36026-DB CCC No. 624 of 2023

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amount or otherwise, he be permitted to take up appropriate proceedings if so advised. Accordingly, accepting the statements of learned counsel for the Complainant, the respondent-State is directed to handover the demand draft afresh to the Complainant within one week from today and to obtain the endorsement on the receipt of the demand draft.

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With these observations, the complaint of contempt is disposed off. Notice is discharged.

Sd/CHIEF JUSTICE

Sd/-

JUDGE

cbc

List No.: 1 Sl No.: 23

Sri N S Kantharaju v. Sri Lohitheshwar Reddy

Case brief

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Sri N S Kantharaju v. Sri Lohitheshwar Reddy

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