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2025 DAILYLAW 32029 (KAR)

SRI J SIDDARAJU v. SMT. SHYAMALA IQBAL (IAS)

CCC/884/2024 · 2025-01-27

M I Arun

body2025

Judgment text

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- 1 - NC: 2025:KHC:3615-DB CCC No. 884 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I. ARUN CCC NO. 884 OF 2024 (CIVIL) BETWEEN: 1. SRI J SIDDARAJU S/O LATE JAGGAIAH AGED ABOUT 61 YEARS RETIRED SERICULTURE EXTENSION OFFICER TECHNICAL SERVICE CENTRE (REELING) KOLLEGAL-571 440 CHAMARAJANAGAR DISTRICT R/AT NO.126, 3RD MAIN ALANAHALLI LAYOUT MYSURU-570 028 …COMPLAINANT (BY SRI VIJAYA KUMAR, ADVOCATE) AND: 1. SMT. SHYAMALA IQBAL (IAS) PRINCIPAL SECRETARY DEPARTMENT OF HORTICULTURE AND SERICULTURE VIKAS SOUDHA BENGALURU-560 001 Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:3615-DB CCC No. 884 of 2024 2. SRI RAJESH GOWDA THE COMMISSIONER DIRECTOR OF SERICULTURE 5TH FLOOR, M.S. BUILDING BENGALURU-560 001 3. SMT. SMITHA GOPAL THE ACCOUNTANT GENERAL (A AND D), KARNATAKA CIRCLE PARK HOUSE ROAD BENGALURU-560 001 …ACCUSED 4. THE STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY DEPARTMENT OF HORTICULTURE AND SERICULTURE VIKAS SOUDHA BENGALURU-560 001 ...PRO FORMA RESPONDENT (BY SMT. PRAMODHINI KISHAN, AGA) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING COMMITTED CONTEMPT OF COURT IN NOT IMPLEMENTING THE ORDER OF THIS COURT PASSED IN W.P.NO.5126/2023 DATED 19.04.2024 AND TO PUNISH THE ACCUSED IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:3615-DB CCC No. 884 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The Division Bench of this Court while allowing the writ petition as per the judgment and order dated 19.04.2024, set aside the order dated 07.02.2023 passed by the Karnataka State Administrative Tribunal, Bengaluru in Application No.5618 of 2022 and consequently, directed the respondents to release the pension amount to the complainant-petitioner and pay such amount with admissible interest in light of the representation made by the petitioner. 2. The contempt of court was alleged in respect of the above directions resulting into filing of the present contempt petition. 3. In response to the notice, learned Additional Government Advocate Smt. Pramodhini Kishan appeared to submit that both part of the directions namely, release of pension amount as well as payment of interest thereafter have been complied with. She - 4 - NC: 2025:KHC:3615-DB CCC No. 884 of 2024 produced copy of the order cum communication dated 28.11.2024 issued from the office of the Accountant General (A & E), Bengaluru which indicates about the finalization of the revised pension claim of the complainant to mention further that the total amount of Rs.9,85,050/- has been sanctioned. It was stated further by her that the said amount has already been deposited in the savings bank account of the complainant. 4. The aforesaid factum of release and payment of the pension amount could not be disputed by learned advocate for the complainant, however, he submitted that the interest part remains to be complied with. 5. In this regard, though the order dated 17.01.2025 is produced by learned Additional Government Advocate reflected that the competent authority has sanctioned the payment of interest of Rs.1,06,385/- at the rate of 5.4%, the said amount has admittedly not been deposited and not been paid to the complainant so far. 6. While taking on record the two communications dated 28.11.2024 and 17.01.2025, it is provided that the amount of - 5 - NC: 2025:KHC:3615-DB CCC No. 884 of 2024 interest as indicated in the order dated 17.01.2025 to the tune of Rs.1,06,385/- shall be paid to the complainant within ten days from today failing which, the authorities concerned shall be exposed to contempt jurisdiction of the Court. 7. The contempt petition is accordingly disposed of. In case of genuine difficulty, liberty to revive the contempt petition is reserved. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE KPS List No.: 1 Sl No.: 34