Contempt petition alleging non-compliance with an order to settle pensionary benefits. Compliance affidavit showed benefits settled after rectifying service records; the court declined to impose the directed delay costs and dropped the contempt proceedings.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
CCC NO. 897 OF 2022
BETWEEN:
SRI. H.B. NAGARAJAIAH AGED 68 YEARS S/O. LATE. SRI. BASAVAIAH RETIRED CHIEF OFFICER TOWN MUNICIPAL COUNCIL PANDAVAPURA, MANDYA DISTRICT R./AT NO. 1850, 7TH CROSS SUBASHNAGAR, MANDYA 571 401.
…COMPLAINANT
(BY SRI. S M BABU - ADVOCATE)
AND:
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
…ACCUSED
(BY SRI. SUDEV HEGDE - AGA)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEDIENCE OF THE OF THE ORDERS PASSED BY THIS HON’BLE COURT DATED 13.12.2021 IN W.P. NO.43951/2019 (S-R)
THIS CCC, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., MADE THE FOLLOWING:
ORDER
Learned counsel Sri S.M.Babu for the complainant is present before the Court physically inclusive of learned AGA for the accused.
The learned Single Judge while disposing of the writ petition had directed respondent No.1 to consider the representation in respect of settlement of pension and pensionary benefits of the petitioner/complainant and take a decision within a period of two months from the date of receipt of a copy of the order. Failing to pass order within the time granted, the petitioner would be entitled for cost
of Rs.5,000/- per week for the delayed period till order is passed as directed.
counsel for the parties and so also, Section 35 and 35-A of
CPC and Sections 11 and 12 of the Contempt of Court Act inclusive of Article 215 of the Constitution of India, when the order passed by the learned single Judge has been complied and compliance affidavit has been filed along with the documents for having settled the pensionary benefits to the complainant, cost is not the criteria for rendering justice, it is only for implementation of orders passed by this Court for settlement of pensionary benefits. Respondent/accused being the State there will be delay to settle the claims since the concerned file has to move from one department to another department. In this regard it is relevant to refer Section 151 of CPC which indicates no limit for exercising inherent powers either effecting or affecting to make such orders as may be necessary; it is the first limb of the said provision. The second limb of the said provision indicates preventing abuse of process of the Court and the third limb indicates securing ends of justice, which is applicable to both the parties to the lis.
NC: 2024:KHC:13365-DB CCC No. 897 of 2022
also, having accepted the compliance affidavit filed by the
learned AGA, this contempt proceeding is hereby dropped.
Sd/-
JUDGE
Sd/JUDGE
DKB
2 issues framed by the court
Whether contempt proceedings should be initiated for delayed compliance with the order directing settlement of pensionary benefits.
Whether the cost imposed by the single Judge for the nine-month delay must be paid despite compliance.
6 provisions across 3 enactments
Sri. H.B. Nagarajaiah
Sri. S Aswathi, I.A.S., Deputy Commissioner, Mandya District
The State of Karnataka by its Secretary to Government, Municipal Administration Department
K.Somashekar
Rajesh Rai K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
