Dismissed

Dr Kariyappa S/O Siddappa Katagi v. the Karnataka University

Karnataka HC11 Jun 2024CCC/100112/2024

Case brief

AI extract

What is this about?

In this Civil Contempt Petition filed for wilful disobedience of an order in W.P.106988/2023, the High Court found that the accused had eventually passed an order deciding the petitioner's eligibility, though with delay. Finding no deliberate or intentional disobedience, the Court dropped further proceedings in the contempt case.

What did the court decide?

Further proceedings in the contempt petition are dropped. The complainant is at liberty to challenge the compliance order if deemed fit.

Dr Kariyappa S/O Siddappa Katagi Vs the Karnataka… — Contempt of Court | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:7771-DB CCC No. 100112 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11^TH DAY OF JUNE, 2024

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PRESENT

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THE HON'BLE MR JUSTICE S G PANDIT

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA CIVIL CONTEMPT PETITION NO.100112 OF 2024

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BETWEEN:

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DR. KARIYAPPA S/O. SIDDAPPA KATAGI, AGE. 55 YEARS, OCC. ASSOCIATE PROFESSOR, R/AT. SIDDHASINCHAN P.NO.172, MIG-II, KHB COLONY, D.N.KOPPA, DHARWAD-580008.

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…COMPLAINANT

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(BY SRI S.H. MITTALKOD, ADVOCATE)

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AND:

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DR. A. CHENNAPPA REGISTRAR KARNATAKA UNIVERSITY, PAVATE NAGAR, DHARWAD-580003.

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PROF. MANJALI S.SALUMKE, PRINCIPAL, KARNATAKA SCIENCE COLLEGE, DHARWAD-580001.

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Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA.

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…ACCUSED

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…PRO-FORMA RESPONDENT

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(BY SRI RAMACHANDRA A.MALI, ADVOCATE FOR A1 AND A2; SRI G.K. HIREGOUDAR, GOVT. ADVOCATE FOR A3)

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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 CONSTITUTION OF INDIA, 1950, PLEASED TO, HOLD THE RESPONDENT/ACCUSED HEREIN GUILTY OF CONTEMPT OF COURT FOR WILFUL DISOBEDIENCE OF THE ORDERS OF THIS HON’BLE COURT DATED 28.11.2023 IN W.P.NO.106988/2023 VIDE ANNEXURE-C AND FURTHER BE PLEASED TO PUNISH THE RESPONDENTS/ACCUSED IN ACCORDANCE WITH THE PROVISIONS OF THE CONTEMPT OF COURTS ACT, 1971 AND GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST; AND ETC.,

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2 - NC: 2024:KHC-D:7771-DB CCC No. 100112 of 2024

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THIS CCC, COMING ON FOR ORDERS, THIS DAY, S G PANDIT, J., MADE THE FOLLOWING:

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ORDER

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This contempt petition is filed complaining disobedience

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of order dated 28.11.2023 in Writ Petition No.106988/2023 wherein, this Court passed the following order:

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“7. Since the guidelines provide that the Associate Professor can be designated as the ‘Head of Department’ for a period of two years, under certain circumstances, “whether the present petitioner is qualified to the said claim” is to be decided by the 1^st respondent University in accordance with the applicable rules and guidelines.

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8. Under the circumstances, a direction is issued to respondents No. 1 and 3 to consider the representation of the petitioner in accordance with law. It is made clear that nothing is expressed on the merits. The said exercise shall be completed within two months from the date of receipt of the certified copy of this order.”

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2. Learned counsel Sri.S.H.Mittalkod for the complainant would submit that though the

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respondents-accused persons in their counter affidavit stated that there is compliance of the order of this Court by passing order dated 24.05.2023 (Annexure-R1) and also communication dated 02.01.2024 (Annexure-R2) from the Registrar of the Karnatak University, Dharwad to the Principal, Karnataka Science University, there is no compliance as directed by this Court and the Registrar has not passed order

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3 - NC: 2024:KHC-D:7771-DB CCC No. 100112 of 2024

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by examining as to whether complainant is qualified to his claim for head of the department.

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3. Today learned counsel Sri.Ramachandra A.Mali for respondents-accused No.1 and 2 files compliance affidavit dated 11.06.2024 enclosing Annexure-A1 dated 10.06.2024 order passed by the Registrar-accused No.1 holding that the complainant is not eligible for appointment as HOD of the Department of Chemistry, Karnataka Science College, Dharwad.

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4. Accused No.1-Dr. A.Chennappa is present before

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this Court.

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5. There is delay in passing the order and in complying the direction of this Court. Accused No.1 in his affidavit has stated that, from the date of receipt of contempt notice, he was in election duty as he was appointed as Observer of counting of votes in the General Lok Sabha Elections, 2024. Further, accused No.1 has tendered unconditional apology and has prayed to drop further proceedings.

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6. Since there is substantial compliance of the order by passing order by accused No.1 as directed by this Court, we

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4 - NC: 2024:KHC-D:7771-DB CCC No. 100112 of 2024

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do not see deliberate or intentional disobedience of the order of

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this Court. Hence, further proceedings are dropped.

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7. The complainant would be at liberty to challenge the order passed by accused No.1 dated 10.06.2024 produced along with today’s affidavit, if he deems so. Accordingly, we drop further proceedings in the present contempt proceedings.

Sd/JUDGE

Sd/JUDGE

List No.: 1 Sl No.: 35

Dr Kariyappa S/O Siddappa Katagi v. the Karnataka University

Case brief

What is this about?

What did the court decide?

Dr Kariyappa S/O Siddappa Katagi v. the Karnataka University

Case brief

What is this about?

What did the court decide?

What the court decided

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