Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1396-DB CCC No. 762 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 762 OF 2022 BETWEEN:
SRI HARISH T V S/O MAHADEVAMMA AGED ABOUT 44 YEARS OFFICE ASSISTANT S J (GOVT.) POLYTECHNIC K R CIRCLE BENGALURU (UNDER ORDER OF DISMISSAL) RESIDING AT NO.117 3RD CROSS , DURGI NAGAR NEAR SHANTHI SAW MIL BHADRAVATHI TOWN AND TALUK SHIVAMOGGA DISTRICT. …COMPLAINANT (BY SRI. GIRISHA B N AND SRI. NAGARAJAPPA - ADVOCATES) AND:
1.
SRI PRADEEP, IAS ADDITIONAL CHIEF SECRETARY EDUCATION DEPARTMENT (HIGHER EDUCATION) M S BUILDING, BENGALURU-560 001.
2.
SRI. RAVICHANDRA THE DIRECTOR APPOINTING AND DISCIPLINARY AUTHORITY TECHNICAL EDUCATION DEPARTMENT PALACE ROAD, BENGALURU-560 001.
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
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NC: 2025:KHC:1396-DB CCC No. 762 of 2022
3.
SRI. L.S. RAMESH THE PRINCIPAL S J (GOVT.) POLYTECHNIC COLLEGE K R CIRCLE BENGALURU-560 001.
4.
THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY EDUCATION DEPARTMENT (HIGHER EDUCATION M.S BUILDING BENGALURU – 560001. …ACCUSED (BY SMT. NAMITHA MAHESH B G – AGA FOR ACCUSED NO.4;
ACCUSED NOS.1 TO 3 ARE SERVED AND UNREPRESENTED)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CIVIL CONTENTS PROCEEDINGS AGAINST THE ACCUSED FOR WILLFUL DISOBEDIENT OF THE ORDER DATED 15.06.2021 PASSED BY THIS HON'BLE COURT IN W.P.NO.7009/2021 (S-KAT) AS PER ANNEXURE-A AND PUNISH THE ACCUSED.
THIS CCC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T
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NC: 2025:KHC:1396-DB CCC No. 762 of 2022
ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This contempt proceedings is initiated by the complainant against the respondents/accused for having deliberate and willful disobedience of the order passed by the co-ordinate Bench of this Court in WP.No.7009/2021 (S-KSAT) dated 15.06.2021 vide Annexure – A.
2. Learned counsels Sri Girisha B.N and Sri Nagarajappa for complainant are present. Learned AGA Smt Namitha Mahesh B.G for the State/Respondent No.4 is present.
3. In the order passed by the co-ordinate Bench of this Court in WP.No.7009/2021 (S-KSAT) dated 15.06.2021, para No.4 indicates as Resultantly, the writ petition is allowed.
The impugned orders dated 11.07.2013 and 26.10.2016 are quashed. The petitioner shall be reinstated forthwith into service. He shall be entitled to all the consequential benefits including
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NC: 2025:KHC:1396-DB CCC No. 762 of 2022
notational fixation of pay, seniority for promotion etc. However, the petitioner shall not be entitled for backwages. The period during which he was out of service shall be treated as spent on duty without backwages and the leave period shall be regularized by granting leave, extra ordinary leave, etc.
4. Learned AGA submits that Respondents/Accused have complied the order passed by the co-ordinate Bench and compliance affidavit dated 15.11.2022 has also been filed by Sri N.Ravichandran, Director (in-charge) Department of Technical Education, Bengaluru wherein para No.5 of the said affidavit states that Director (in- charge), have passed an order on 14.11.2022 to reinstate the complainant into service and directed the complainant to report for the duty at the posted place. Copy of the
order dated 14.11.2022 is produced herewith and marked as Annexure-A2.
5. Keeping in view the submission made by the learned AGA and compliance affidavit filed by the
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NC: 2025:KHC:1396-DB CCC No. 762 of 2022
competent authority, the present contempt proceedings do not survive for consideration. In view of the same, the contempt petition is hereby dropped.
In the meanwhile,
learned counsel for the complainant seeks liberty. Therefore, liberty is granted to the complainant to proceed further in accordance with law.
SD/- (K.SOMASHEKAR) JUDGE
SD/- (VENKATESH NAIK T) JUDGE
RJ