- 1 - NC: 2025:KHC-D:5123-DB CCC No. 100013 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO.100013 OF 2025 BETWEEN: SRI SHIVAJI GANGARAM SHINDE, AGE. 71 YEARS, OCC. RETD. HEADMASTER, R/O. #200/16, SHIVAJI NAGAR, KHANAPUR, BELAGAVI-591302. …COMPLAINANT (BY SRI RAMESH N.MISALE, ADVOCATE) AND: 1. SRI. RITESH KUMAR SINGH, I.A.S., PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560001. 2. SMT. JAYASHREE SHINTRI, K.A.S., ADDITIONAL COMMISSIONER OF PUBLIC INSTRUCTIONS, DEPARTMENT OF EDUCATION, DHARWAD-580001. 3. SMT. LEELAVATI HIREMATH, THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, CLUB ROAD, BELAGAVI-590001. 4. SMT. RAJESHWARI KUDACHI, THE BLOCK EDUCATION OFFICER, KHANAPUR-591302, BELAGAVI DISTRICT. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5123-DB CCC No. 100013 of 2025 5. VIJAY P.NANDIHALLI, PRESIDENT, VISHWA BHARAT SEVA SAMITHI, #1644, ALVAN GALLI, SHAHAPUR, BELAGAVI-590001. 6. SRI MAHESH SADEKAR, THE HEAD MASTER, MADHYAMIK VIDYALAYA, JAMBOTI, KHANAPUR TALUKA, BELAGAVI DISTRICT. 7. MS. E.P. NIVEDITA, THE PRINCIPAL ACCOUNTANT GENERAL, (A AND E), KARNATAKA, BENGALURU. ….ACCUSED 8. THE STATE OF KARNATAKA, REP. BY THE PRINCIPAL SECRETARY, DEPT. OF SECONDARY EDUCATION, M.S. BUILDING, BENGALURU-560001. …PRO-FORMA RESPONDENT (BY SRI V.S. KALASURMATH, ADDL. GOVT. ADVOCATE FOR A2-A4, A7 AND A8; SRI JAVALI GURURAJENDRA, ADVOCATE AND SRI F.V. PATIL, ADVOCATE FOR A5 AND A6; A1 IS DIFFERED) THIS CONTEMPT PETITION IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO, SETTING ASIDE THE CONTENTIONS OF THE ACCUSED, THIS COURT BE PLEASED TO PASS THE ORDER A) PUNISHING THE CONTEMNOR/ ACCUSED FOR DISOBEYING THE ORDER OF THIS HIGH COURT, IN W.P. NO.108640/2017, VIDE ORDER DATED 10-06-2024, COPY OF WHICH IS PRODUCED AS ANNEXURE-A AND ETC., THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:5123-DB CCC No. 100013 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present contempt petition is filed by the complainant alleging non-compliance of the order dated 10.06.2024, passed in W.P No.108640/2017 C/w W.P No.108934/2017. The learned Single Judge, while allowing writ petitions in part, ordered as follows: “13. The respondents – authorities shall consider the payment of interest to the petitioner for the delayed payment of the service benefits as claimed in W.P. No.108640/2017 and shall also consider the claim of the petitioner for salaries during the period between Novermber-2010 and September-2012, in accordance with law, at any rate, within an outer limit of three (3) months from the date of receipt of certified copy of this order.” 2. Learned AGA has filed an affidavit of respondent No.3/accused No.3, who is working as Deputy Director for School Education, Belagavi, who has deposed that the complainant has not worked during November-2010 to September-2012. Therefore, his salary was not remitted and the management has failed to conduct enquiry against the complainant within stipulated time. Hence, the respondent - 4 - NC: 2025:KHC-D:5123-DB CCC No. 100013 of 2025 No.2, vide notification dated 11.11.2024, directed the management authorities to comply the order passed by this Court. It is further deposed that considering the said aspect of the matter, an endorsement dated 02.12.2024, has been issued and the same was communicated to respondent No.5. 3. The respondent No.5/accused No.5 has filed an affidavit placing on record that from 09.01.1998 to 20.10.2011, an Administrator was appointed and was functioning as the Management/Governing Council. That, during the said period, all the administrative functions including disciplines and control of all the teachers and staff of the Schools of VBSS Trust, was being carried out by the Administrator. It is further deposed that the management was handed over charge of the educational institution on 20.10.2011. Hence, it is contended that the management is not liable to comply with the order of this Court. 4. It is relevant to note that the learned Single Judge at paragraph No.13 of the order dated 10.06.2024 has merely directed the “respondents/authorities”. There is no specific - 5 - NC: 2025:KHC-D:5123-DB CCC No. 100013 of 2025 direction to any particular authority or the management of institution to make payment. 5. Since the official respondents and the management are inter se contending that the others is liable to comply with the order passed by learned Single Judge, adjudication of the said question cannot be undertaken in the present contempt proceedings. 6. In view of the aforementioned, the present contempt proceedings are dropped reserving liberty to the petitioner to initiate such other proceedings as may be available to him under law. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 32