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2025 DAILYLAW 44676 (KAR)

SRI SIDDAPPA ISHWARAPPA MADIWALAR v. MR RAJESH B HUDDAR

CCC/100012/2025 · 2025-02-24

B M Shyam Prasad, Ramachandra D Huddar

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC-D:3696-DB CCC No. 100012 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO. 100012 OF 2025 BETWEEN: 1. SRI. SIDDAPPA ISHWARAPPA MADIWALAR, AGE. 47 YEARS, OCC. DRIVER CUM CONDUCTOR, NWKRTC, BAILHONGAL DEPOT, BELAGAVI DIVISION, DIST: BELAGAVI 590001. 2. SRI. SIDDALINGAPPA VIRUPAKSHAPPA DEVALAPUR AGE. 42 YEARS, OCC. DRIVER CUM CONDUCTOR, NWKRTC, BAILHONGAL DEPOT, BELAGAVI DIVISION, DIST. BELAGAVI 590001. …COMPLAINANTS (BY SRI. VINAYKUMAR BHAT, ADVOCATE) AND: MR RAJESH B. HUDDAR, AGE. MAJOR, DIVISIONAL CONTROLLER, NWKRTC, BELAGAVI DIVISION, DIST: BELAGAVI-590001. …RESPONDENT (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) THIS CCC 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, PUNISH THE ACCUSED PERSON FOR HAVING DISOBEYED THE ORDER PASSED IN WRIT PETITION NO.106141/2024 (S-KSRTC), DATED 23.10.2024, VIDE ANNEXURE-E, PASSED BY THE Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3696-DB CCC No. 100012 of 2025 LEARNED SINGLE JUDGE, HIGH COURT OF KARNATAKA, DHARWAD BENCH AND ALSO AWARD COST OF THIS PROCEEDINGS, IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE ORDER THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainants have alleges that respondents have disobeyed the interim order dated 23.10.2024 in WP No.106141/2024. The writ Court, by this interim order dated 23.10.2024, has stayed the transfer of the petitioners who are working as Drivers-cum- Conductors of the concerned Road Transport. The complainants submit that despite this interim order they have not been continued in Bailhongal Depot and the respondents are insisting upon them to report to duty at Khanapur Depot/Belagavi Depot-4. Presently, the Divisional Controller, NWKRTC has sworn to an affidavit and placed a copy of the - 3 - NC: 2025:KHC-D:3696-DB CCC No. 100012 of 2025 office order dated 22.02.2025. It is seen from this order that a decision has been taken to continue the complainants in Bailhongal Depot in compliance with the interim order granted but, without prejudice to contest the writ petition. Sri.Ravi Hegde and Sri.Vinaykumar Bhat, the learned counsels for the complainants submit that the complainants will be entitled for salary for the period between the date of interim order and the present date. It would suffice for this Court to observe that this is an aspect that will have to be considered in the pending writ petition, and with the order now to continue the complainants in Bailhongal Depot, this Court is satisfied that there is no reason for continuing these proceedings. This Court must also record that this would be so even if the complainants are continued in the same Depot but with other responsibilities and they are paid admitted salary and - 4 - NC: 2025:KHC-D:3696-DB CCC No. 100012 of 2025 other emoluments from the date of this order. With these observations, the complaint is closed. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ/CT:VG LIST NO.: 1 SL NO.: 21