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2025 DAILYLAW 19682 (KAR)

DR ARETHIMMEGOWDA v. SRI G SRIDHAR

CCC/349/2022 · 2025-04-04

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:14320-DB CCC No. 349 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 349 OF 2022 BETWEEN: 1. DR ARETHIMMEGOWDA S/O CHIKKATHIMMEGOWDA AGED ABOUT 61 YEARS RETIRED PRINCIPAL VISHWESHWRAPURAM PURAM EVENING COLLEGE OF ARTS AND COMMERCE, K R ROAD BENGALURU-560004 PRESENTLY RESIDING AT NO.19 1ST MAIN, 1ST FLOOR KAVERI NAGAR BSK 3RD STAGE, KATHRIGUPPE BENGALURU-560085. 2. SRI B S RAGHOTHAMACHAR S/O B SRINIVASACHAR AGED ABOUT 61 YEARS RETIRED ASSOCIATE PROFESSOR VISHWESHWRAPURAM PURAM COLLEGE OF ARTS AND COMMERCE K R ROAD BENGALURU-560004. PRESENTLY RESIDING AT NO.29 9TH MAIN HOSAKEREHALLI EXTN BENGALURU-560085. …COMPLAINANTS (BY SRI. KUSHAL – ADVOCATE FOR SRI. THYAGARAJA S - ADVOCATE) Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14320-DB CCC No. 349 of 2022 AND: 1. SRI G SRIDHAR THE PRINCIPAL SECRETARY STATE OF KARNATAKA DEPARTMENT OF LAW AND PARLIAMENTARY AFFAIRS VIDHANA SOUDHA BENGALURU-560001. 2. SRI G KUMAR NAIK THE PRINCIPALSECRETARY DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF KARNATAKA M S BUILDING, DR AMBEDKAR VEEDHI BENGALURU-560001. 3. SRI PRADEEP P THE COMMISSIONER OF COLLEGIATE EDUCATION SHESHADRI ROAD BENGALURU-560001. 4. DR APPAJI GOWDA THE REGIONAL JOINT DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION BANGALORE-560009. 5. DR ESHWARA REDDY THE PRINCIPAL VISHWESHWRAPURAM EVENING COLLEGE OF ARTS AND COMMERCE K R ROAD, BENGALURU-560004. 6. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR AMBEDKAR VEEDHI BANGALORE-560001. …ACCUSED (BY SRI. HARISHA A S – AGA FOR RESPONDENTS NO.1 TO 4 & 6) - 3 - NC: 2025:KHC:14320-DB CCC No. 349 of 2022 THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING i) TO INITIATE CONTEMPT PROCEEDINGS AGAINST ALL THE ACCUSED FOR HAVING DELIBERATE AND WILLFUL DISOBEDIENCE OF THE ORDERS PASSED BY THIS HON’BLE COURT IN W.P.NO.48-72/2015 AS PER ANNEXURE-A DATED 27.07.2015 TAKE COGNIZANCE AND PUNISH THE ACCUSED AND ii) DIRECT THE ACCUSED FIX AND SETTLE THE RETIREMENT BENEFIT TAKING INTO CONSIDERATION THE DATE OF ENTRY INTO SERVICE AND GRANT ALL BENEFITS FLOWING THEREOF PAYABLE TO COMPLAINANT FORTHWITH IN TERM OF THE DIRECTION OF THIS HON’BLE COURT. THIS CCC, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceeding is initiated by the complainants for disobedience of the order passed by the learned single Judge in W.P.No.48-72/2015 dated 27.07.2015 vide Annexure-A. 2. Learned counsel Sri Kushal for the complainants is present before the Court physically and represents Sri Thyagaraja S who is on record. - 4 - NC: 2025:KHC:14320-DB CCC No. 349 of 2022 3. Learned AGA for Accused Nos.1 to 4 and 6 is present before the Court physically. He submits that the against the order passed by the learned single Judge in the aforesaid writ petition, an appeal is preferred in W.A.No.2476/2015 and other connected matters and the same is pending consideration. He submits that in the said matter, a co-ordinate Bench of this Court has observed that “since this Bench is examining the validity of the Amendment to Act No.87 of 1983, the Government and its Officers need not be under the impression that the contempt proceedings initiated by the respondent – employees or others shall be precipitated by other Bench. It is open for the learned Advocate General and learned Addl. Advocate General to place copy of this order before the Contempt Bench and bring it to the notice the request of this Court to halt the said Contempt Proceedings till these proceedings are decided.” The submission made by learned AGA is placed on record. 4. Keeping in view the submission made by learned AGA for the accused and that the writ appeal is pending - 5 - NC: 2025:KHC:14320-DB CCC No. 349 of 2022 consideration of the issues involved in between the parties to the proceedings, this contempt petition does not survive for consideration. Consequently, the contempt petition is hereby dropped. However, liberty as sought for by the complainants is granted, in accordance with law. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DKB