A single bench of the High Court of Kerala dismissed a contempt petition arising from the non-utilization of an RTI representation filed by the petitioner regarding salary arrears. The court held that further claims must be approached before the proper forum.
The contempt case was closed.
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 KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
& THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 14TH DAY OF AUGUST 2013/23RD SRAVANA, 1935
Con.Case(C).No. 497 of 2009 (S)
JUDGMENT IN WP(C) 31910/2004 of HIGH COURT OF KERALA DATED 06-10-2008
PETITIONER/PETITIONER IN WPC:
C.LOVIDASAN, AGED 48 YEARS, S/O.CARLOS, HIGHER SECONDARY SCHOOL TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL, MANACAUD, THIRUVANANTHAPURAM.
BY ADV. SRI.D.KISHORE
RESPONDENTS/2ND RESPONDENT IN WPC:
*ADDL.R2. K.GOPALAKRISHNA BHAT, AGED 49 YEARS, (FATHER'S NAME NOT KNOWN TO THE PETITIONER), DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM.
BY SR. GOVERNMENT PLEADER MR.P.I.DAVIS.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 14-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
COC NO.497/2009
APPENDIX
PETITIONER'S EXTS.:
ANNEXURE I: TRUE COPY OF JUDGMENT DATED 6.10.2008 IN W.P.(C) NO.31910/04 OF THIS HONOURABLE COURT.
ANNEXURE II: TRUE COPY OF THE REPRESENTATION DATED 6.11.08 WITH POSTAL RECEIPT.
ANNEXURE III: TRUE COPY OF APPLICATION SUBMITTED BY PETITIONER UNDER R.I.ACT AND ITS INFORMATION DETAILS.
ANNEXURE IV: TRUE COPY OF STATEMENT FILED IN O.P.NO.26995/01.
ANNEXURE V: TRUE COPY OF THE JUDGMENT DATED 18.3.2004 IN O.P.NO.26995/01 OF THIS HONOURABLE COURT.
ANNEXURE VI: TRUE COPY OF THE AFFIDAVIT FILED IN CONTEMPT CASE (CIVIL) NO.707/04 BY R2.
ANNEXURE VII: TRUE COPY OF THE ORDER NO.D1/50905/2004/COLL. EDN. DATED 15.6.2013 OF THE DIRECTOR OF COLLEGIATE EDUCATION.
ANNEXURE VIII: TRUE COPY OF THE REPRESENTATION DATED 1.7.2013 SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR OF COLLEGIATE EDUCATION.
RESPONDENTS EXTS.(FIRST RESPONDENT):
ANNEXURE R1(a): TRUE COPY OF THE ORDER NO.D1/50905/2004 COLL. EDN. DATED 01.06.2009.
srd
(True copy)
P.S. To Judge
MANJULA CHELLUR, C.J. & K. VINOD CHANDRAN, J.
Cont. Case (Civil) No.497 of 2009
Dated this the 14th day of August, 2013
Judgment
Manjula Chellur, C.J.
Heard learned counsel for the petitioner as well as Government Pleader.
COC 497/09
2
Ext.P15 and the judgment, the complainant has to approach proper forum and it cannot be adjudicated in a contempt matter. Accordingly, the Contempt Case is closed.
MANJULA CHELLUR, CHIEF JUSTICE.
K. VINOD CHANDRAN, JUDGE.
srd
1 issue framed by the court
Whether additional claims for salary arrears beyond what was adjudicated in the dated judgment can be entertained in a contempt proceeding.
2 provisions across 2 enactments
C. Lovidasan
Sasidharan
K. Gopakrishna Bhat
Manjula Chellur
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
