SMT REKHA W/O MOHAN HIREHANAMANTGOUDRA v. SMT DEEPA CHOLAN
CCC/100188/2025 · 2025-10-17
Geetha K B, S G Pandit
Contempt Petitionbody2025
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[ 2025 DAILYLAW 37443 (KAR) · dailylaw.ai ]
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[ 2025 DAILYLAW 37443 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14098-DB CCC No. 100188 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
CIVIL CONTEMPT PETITION NO.100188 OF 2025 BETWEEN:
1.
SMT. REKHA, W/O MOHAN HIREHANAMANTGOUDRA, AGE. 53 YEARS, OCC. HOUSEHOLD WORK,
2.
SRI. GANESH, S/O MOHAN HIREHANAMANTGOUDA, AGE. 31 YEARS, OCC. SERVICE,
3.
SRI. KRISHNA, S/O MOHAN HIREHANAMANTGOUDA AGE. 27 YEARS, OCC. STUDENT, ALL R/O. NEAR MULAGUND NAKA, BANKER’S COLONY, BEHIND VRADDASHRAMA, GADAG, DIST. GADAG 03. …COMPLAINANTS
(BY SRI. RAMACHANDRA A. MALI, ADVOCATE)
AND:
1.
SMT. DEEPA CHOLAN, UNDER-SECRETARY, DEPT. OF MUNICIPAL ADMINISTRATION, M.S. BUILDING, BANGALORE 01.
VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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HC-KAR NC: 2025:KHC-D:14098-DB CCC No. 100188 of 2025
2.
SRI. PRABHULING KAVALIKATTI, DIRECTOR OF MUNICIPAL ADMINISTRATION, DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH FLOOR, VISHWESHWARAIH TOWER, DR. AMBEDKAR VEEDHI, BANGALORE 01.
3.
SRI. UMESH CHAVAN, THE COMMISSIONER, CITY MUNICIPAL COUNCIL, YADAGIR, TQ. AND DIST. YADAGIR 509210. …ACCUSED
4.
STATE OF KARNATAKA, R/BY AG OFFICE.
…PROFORMA RESPONDENT
(BY SRI. SHARAD V. MAGADUM, AGA FOR A1,A2 & R4 SRI. MALLIKARJUN B. RYAKHA, ADVOCATE FOR A3)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PRAYING TO INITIATE THE APPROPRIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED/CONTEMNORS HEREIN FOR WILLFUL, INTENTIONAL AND DELIBERATE DISOBEDIENCE AND VIOLATION OF THE
ORDER DATED 22-06-2024 MADE IN W.P.NO.102425/2024 (S- RES) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AMOUNTING TO GROSS CONTEMPT OF THIS HON’BLE COURT AND ACCORDINGLY TRY AND PUNISH THE ACCUSED IN ACCORDANCE WITH THE LAW AND ALSO IMPOSE EXEMPLARY COSTS FOR THE ARBITRARY AND ILLEGAL INACTION ON THE PART OF THE ACCUSED AUTHORITY IN THE INTEREST OF THE JUSTICE AND EQUITY.
THIS CCC COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:14098-DB CCC No. 100188 of 2025
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
This contempt petition is filed complaining disobedience of the order dated 22.06.2024 passed in W.P. No.102425/2024 wherein this Court directed the respondents as follows:
“8. In that view of the matter, the petition is allowed. Respondent Nos.2 & 4 are directed to expedite the process of releasing of the amount as mentioned in the communications at Annexure-H & H1 at any rate shall release the amount within a outer limit of twelve (12) weeks from the date of receipt of certified copy of this
order.”
2. On issuance of notice, accused have appeared. The Secretary to Government, Department of Urban Development, has filed an affidavit dated 12.09.2025 and so also accused No.3 has filed an affidavit dated 14.10.2025 enclosing 13 documents. The learned counsel for the complainant has also filed a memo of calculation dated 10.10.2025 which reads as follows:
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HC-KAR NC: 2025:KHC-D:14098-DB CCC No. 100188 of 2025
“ Memo of Calculation
That the complainants have filed the following memo of calculations of the terminal/financial benefits received and to be received by them from the respondents.
29-1-2015 The deceased Employee was placed under suspension 9-7-2017 The employee died while in service.
1.Family Pension:- The complainants are entitled for family pension from 10-7-2017 to Sept. 2025 totally for 99 months.
Total Pension Amount for 99 months Rs.34,13,160/- Amount Credited in Oct. 2025 Rs.33,87,126/- Balance payable Rs.26,034/-
2.DCRG Amount payable Total Rs.7,22,400/- Amount Credited in Oct.2025
Rs.7,06,095/- Balance Payable
Rs.16,305/-
3.Leave Encashment total payable Rs.4,88,040/- Amount Credited in Sept. 2025 Rs.4,88,040/- Balance Nil
4. Suspension Period Salary/Allowance For 28 months Rs.11,91,321/-. Till date not paid.
5. KGID Amount Payable Rs.7,50,000/- Till date not paid.
6. Interest on all the above sum for 99 months. Not paid.
3. Today, learned counsel for accused No.3 files an additional affidavit of accused No.3 wherein it is stated that the balance of family pension and DCRG amount is paid.
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HC-KAR NC: 2025:KHC-D:14098-DB CCC No. 100188 of 2025
4.
Learned counsel, Sri. Ramachandra A.Mali, for the complainant would submit that the respondents are yet to release KGID amount as well as interest on the belated payment of pensionary benefits.
5. Learned Additional Government Advocate, Sri. Sharad V.Magadum, submits that for payment of KGID amount, except the representation, the complainant has not surrendered the KGID Policy and unless formalities as prescribed are complied by surrendering the original KGID policy, the accused would not be in a position to pay the amount under the KGID policy. In the light of the above, it is open for the complainant to surrender the KGID policy and claim the KGID amount.
6. Insofar as the interest on delayed payment of pensionary benefits is concerned, it is seen that there is no specific direction for payment of interest. In that regard, it is open for the complainant to make a representation to the respondents seeking interest on belated payment of pensionary benefits. If such a representation is made, respondents shall consider the same and pass appropriate orders in accordance
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HC-KAR NC: 2025:KHC-D:14098-DB CCC No. 100188 of 2025
with law and existing government orders relating to sanction of interest on belated payment of pensionary benefits.
With the above, we conclude that there is substantial compliance of the order passed by this Court. Hence, further contempt proceedings are dropped.
Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE
KMS, CT:VP LIST NO.: 1 SL NO.: 16