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2025 DAILYLAW 24260 (KAR)

SRI. Y. N. KRISHNA MURTHY v. SMT. ZEHERA NASEEM

CCC/451/2025 · 2025-04-28

K V Aravind, N V Anjaria Cj

body2025

Judgment text

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- 1 - NC: 2025:KHC:17484-DB CCC No. 451 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND CCC NO. 451 OF 2025 (CIVIL) BETWEEN: 1. SRI Y.N. KRISHNA MURTHY S/O. Y.C. NANJUNDAIAH, AGED ABOUT 63 YEARS, R/AT NO.76, 18TH CROSS, 20TH MAIN, M.C. ROAD, VIJAYA NAGAR, BENGALURU - 560 040. …COMPLAINANT (BY SRI Y.N. KRISHNAMURTHY (PARTY-IN-PERSON), ADVOCATE) AND: 1. SMT. ZEHERA NASEEM MANAGING DIRECTOR, KARNATAKA SILK INDUSTRIES CORPORATION LTD., 3RD AND 4TH FLOOR, PUBLIC UTILITY BUILDING, M.G. ROAD, BENGALURU - 560 001. …ACCUSED 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, BY THE COMPLAINANT, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THE ACCUSED FOR VIOLATED THE ORDER DATED 12.12.2024 Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17484-DB CCC No. 451 of 2025 PASSED IN WA NO.347/2022 ON THE FILE OF THIS COURT AND PROCEED AGAINST THE ACCUSED IN ACCORDANCE WITH LAW FOR DISOBEYING THE ORDER PASSED BY THIS HON'BLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The following are the directions in the order dated 12.12.2024 passed by the Division Bench of this court while disposing of Writ Appeal No.347 of 2022 which are brought under the contempt jurisdiction of the court for their alleged non- compliance, "...(ii) The judgment dated 22.03.2022 passed in Writ Petitions No.5559/2020 c/w. 22131/2021 by the learned Single Judge, is set aside; (iii) The respondent, who has raised the allegations of loss of confidence as against the appellant is not required to reinstate the appellant in view of the fact that he has crossed the age of retirement. (iv) The respondent shall therefore liable to pay an amount of Rs.10 Lakhs in lieu of emoluments to - 3 - NC: 2025:KHC:17484-DB CCC No. 451 of 2025 the appellant for the years he has spent out of service. (v) The period spent out of service shall be considered as duty for the limited purpose of continuity of service and for pension." 2. A bare reading of the aforesaid directions would suggest that Division Bench has not set down any time limit for compliance of the directions. 3. In the circumstances, it is not possible to conclude that any of the respondents have committed contempt of court, much less a willful contempt. Even in the representations and the notice sent by the petitioner, subsequent to the passing of the order of Division Bench asking the authorities to comply with the directions, no time limit is fixed for the authorities. 4. In view of the above, the petition is not entertainable. However, in order to ensure that the directions of the court should not go un-complied with, it is provided that the competent authority- respondent shall abide by and comply with the directions unless stayed or reversed by the competent higher court, within a period of twelve weeks from today. - 4 - NC: 2025:KHC:17484-DB CCC No. 451 of 2025 5. The contempt petition is accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 6