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2025 DAILYLAW 32636 (KAR)

DR.C. NAGARAJ v. SRI. SUDANSH PANT

CCC/975/2023 · 2025-01-13

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:1746-DB CCC No. 975 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH 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.975 OF 2023 BETWEEN: DR. C. NAGARAJ S/O. LATE SRI CHANDRASHEKAR AGED 73 YEARS RETIRED AS RESEARCH OFFICER (MEDICAL) REGIONAL OFFICER FOR HEALTH AND FAMILY WELFARE, NVBDCP RESIDING AT NO.34, SAJJAN RAO ROAD VISVESWARAPURAM BENGALURU - 560 034. …COMPLAINANT [BY SMT. VIDHYA R., ADVOCATE (ABSENT)] AND: 1. SRI SUDANSH PANT THE UNION OF INDIA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FAMILY WELFARE NIRMAN BHAVAN NEW DELHI-110 011. 2. SRI AMIT CHOBEY THE DEPUTY DIRECTOR OFFICE OF THE DIRECTOR GENERAL OF HEALTH SERVICES TO GOVERNMENT OF INDIA DEPARTMENT OF FAMILY WELFARE NIRMAN BHAVAN NEW DELHI-110 011. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1746-DB CCC No. 975 of 2023 3. DR. (SMT.) TANU JAIN THE DIRECTOR NATIONAL VECTOR BORNE DISEASE CONTROL PROGRAMME 22, SHAMNATH MARG NEW DELHI-110 054. 4. SRI SANJEEV MALHOTRA ADMINISTRATIVE OFFICER NATIONAL VECTOR BORNE DISEASE CONTROL PROGRAMME 22, SHAMNATH MARG NEW DELHI-110 054. 5. DR. RAJESH L. KEDAMANA SENIOR REGIONAL DIRECTOR REGIONAL OFFICER FOR HEALTH AND FAMILY WELFARE, KENDRIYA SADAN F WING, KORAMANGALA BENGALURU-560 034. 6. SRI TILAK RAJ THE ACCOUNTS OFFICER NATIONAL VECTOR BORNE PROGRAMME 22, SHAMNATH MARG NEW DELHI-110 054. …ACCUSED (BY SRI B. PRAMOD, C.G.C., FOR A-5) * * * THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO TAKE COGNIZANCE AGAINST THE ACCUSED FOR COMMITTING AN ACT OF CONTEMPT OF COURT IN DISOBEYING THE ORDER DATED 24-5-2023 IN WRIT PETITION NO.1495 OF 2022 AND ORDER THEM TO GRANT THE BENEFIT UNDER THE DACP SCHEME. THIS CIVIL CONTEMPT PETITION IS 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 - 3 - NC: 2025:KHC:1746-DB CCC No. 975 of 2023 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings has been initiated against the accused for disobeying the order dated 24-5-2023 passed in Writ Petition No.1495 of 2022 (S-CAT), wherein the learned Single Judge allowed the writ petition by setting aside the order dated 3-10-2019 passed in Original Application No.170/00421/2019 by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru, to the extent of (allowing the Original Application to the limited extent and) making the same contingent to the order passed in Review Application pending in RA.SR.5217/2016 in Original Application No.82 of 2012 before the Central Administrative Tribunal, Hyderabad, and the respondents/accused were directed to grant the benefit under DACP scheme to the petitioner/complainant within a period of eight weeks from the date of receipt of a copy of that order. 2. Smt. Vidhya R., learned counsel for the complainant, is absent. There is no representation on behalf of the complainant either physically or through video-conference. - 4 - NC: 2025:KHC:1746-DB CCC No. 975 of 2023 3. Sri B. Pramod, learned Central Government Counsel for accused No.5, is physically present and submits that the Department has granted the benefit under DACP Scheme to the complainant and has paid the amount. To that effect, he has filed a compliance Affidavit dated 4-4-2024 of accused No.5, wherein at paragraph No.7, he has stated that as per the order dated 24-5-2023, he has duly complied with the directions issued by this Court. 4. Compliance Affidavit is taken on record. 5. Keeping in view the submission made by the learned Central Government Counsel and detailed compliance Affidavit filed by accused No.5, the contempt proceedings does not survive for consideration. Accordingly, the contempt proceedings are hereby dropped. 6. Learned counsel for the complainant has filed a memo for substituting the names of accused Nos.1 and 2. - 5 - NC: 2025:KHC:1746-DB CCC No. 975 of 2023 In view of the closure of the contempt proceedings, even the memo does not survive for consideration. Accordingly, the memo also stands disposed of. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 2 Sl No.: 7