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2025 DAILYLAW 44968 (KAR)

SRI S M MULLA (SAYYED MAIBUSAB MULLA) v. MR. SHASHIDHAR B CHANNAPPAGOWDAR

CCC/100006/2025 · 2025-02-25

B M Shyam Prasad, Ramachandra D Huddar

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:3805-DB CCC No. 100006 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH 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. 100006 OF 2025 BETWEEN: SRI. S.M. MULLA (SAYYED MAIBUSAB MULLA) AGED ABOUT 44 YEARS, OCC.: DRIVER CUM CONDUCTOR, N.W.K.R.T.C., RAMDURGA DEPOT, DHARWAD RURAL DIVISION, DIST. DHARWAD 591123. - COMPLAINANT (BY SRI. RAVI HEGDE, ADVOCATE) AND: MR. SHASHIDHAR B. CHANNAPPAGOWDAR AGE. MAJOR, DIVISIONAL CONTROLLER, NWKRTC, DHARWAD RURAL DIVISION, DIST. DHARWAD 580001. - ACCUSED (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) THIS CIVIL CONTEMPT PETITION IS FILED U/S 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.107141/2024 (S-KSRTC), DATED 3.12.2024, VIDE ANNEXURE-C, PASSED BY THE LEARNED SINGLE JUDGE, & ETC. THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3805-DB CCC No. 100006 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainant alleges that respondents have disobeyed the interim order dated 03.12.2024 in W.P. No.107141/2024. The writ Court, by this interim order dated 03.12.2024, has stayed the transfer of the petitioners who are working as Drivers-cum-Conductors of the concerned Road Transport. The complainant submits that despite this interim order they have not been continued in Ramdurg 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 office order dated 25.02.2025. It is seen from this order that a decision has been taken to continue the complainant in Ramdurg 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 complainant will be entitled - 3 - NC: 2025:KHC-D:3805-DB CCC No. 100006 of 2025 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 complainant in Ramdurg 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 complainant is continued in the same Depot but with other responsibilities and they are paid admitted salary and 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 BVV, ct:vp LIST NO.: 1 SL NO.: 16