- 1 - HC-KAR NC: 2025:KHC-D:7946-DB CCC No. 100016 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND CIVIL CONTEMPT PETITION NO.100016 OF 2025 BETWEEN: SRI. SHIVAJI GANGARAM SHINDE, AGE. 73 YEARS, OCC. RETD. HEADMASTER, R/O. #200/16, SHIVAJI NAGAR, KHANAPUR, BELAGAVI-591302. …COMPLAINANT (BY SRI. RAMESH N.MISALE, ADVOCATE) AND: 1. SRI. RITESH KUMAR SINGH, I.A.S, PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560001. 2. SMT. JAYASHREE SHINTRI, KAS, ADDITIONAL COMMISSIONER OF PUBLIC INSTRUCTIONS, DEPARTMENT OF EDUCATION, DHARWAD-580001. 3. SMT. LEELAVATI HIREMATH, THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, CLUB ROAD, BELAGAVI-590001. 4. SMT. RAJESHWARI KUDACHI, THE BLOCK EDUCATION OFFICER, KHANAPUR-591302, BELAGAVI DISTRICT. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:7946-DB CCC No. 100016 of 2025 5. VIJAY P.NANDIHALLI, PRESIDENT, VISHWA BHARAT SEVA SAMITHI, #1644, ALVAN GALLI, SHAHAPUR, BELAGAVI-590001. 6. SRI. MAHESH SADEKAR, THE HEAD MASTER, MADHYAMIK VIDYALAYA, JAMBOTI-591345, KHANAPUR TALUK, BELAGAVI DISTRICT. 7. MS. E.P. NIVEDITA, THE PRINCIPAL ACCOUNTANT GENERAL, (A AND E) KARNATAKA, BENGALURU-560001. ….ACCUSED 8. THE STATE OF KARNATAKA, REP. BY THE PRINCIPAL SECRETARY, DEPT. OF SECONDARY EDUCATION, M.S. BUILDING, BENGALURU-560001. …PROFORMA RESPONDENT (BY SRI. G.K. HIREGOUDAR, GOVT. ADV. FOR A2 TO A4 AND R8; SRI. F.V. PATIL, ADVOCATE FOR A5; SRI. JAVALI GURURAJENDRA, ADVOCATE FOR A6; NOTICE TO A1 IS DEFERRED; NOTICE TO A7 IS SERVED) THIS CONTEMPT PETITION IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO ASIDE THE CONTENTIONS OF THE ACCUSED AND PASS THE ORDER, A) PUNISHING THE CONTEMNOR/ACCUSED FOR DISOBEYING THE ORDER OF THIS HIGH COURT, IN W.P. NO.108934/2017, VIDE ORDER DATED 10.06.2024, COPY OF WHICH IS PRODUCED AS ANNEXURE-A AND ETC.,. THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7946-DB CCC No. 100016 of 2025 CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Learned Government Advocate submits that compliance affidavit of the Deputy Director for School Education, Belagavi has been filed on 03.03.2025. Along with compliance affidavit, document No.3, an endorsement issued by the respondents to the petitioner as well as fifth respondent-Education Trust has been annexed. 2. Learned Government Advocate would also draw the attention of this Court to order dated 20.03.2025 passed in C.C.C.No.100013/2025 while submitting that the other contempt petition filed at the hands of the petitioner herein were dropped pursuant to similar endorsement issued to the petitioner. Learned Government Advocate would therefore submit that the contempt proceedings have to be dropped, as was done in the case of the other contempt petition. - 4 - HC-KAR NC: 2025:KHC-D:7946-DB CCC No. 100016 of 2025 3. Learned counsel for petitioner however submits that there were two Writ Petitions filed by the petitioner, one in respect of payment of interest for delayed payment of pension and pensionary benefits and the other Writ Petition was regarding the non-payment of salary during the period 1st November, 2010 to 30th September, 2012 and this contempt petition pertains to non-payment of salary. Learned counsel would submit that the learned Single Judge has clearly held that the petitioner cannot be found fault with, if the specific order was not given effect to and the petitioner cannot be deprived of his legitimate entitlement of his salaries. Learned counsel would therefore submit that the learned Single Judge having held that the order of suspension being nonest in the eye of law, the respondents have no other alternative than to pay the salary. 4. However, having heard the learned counsel for petitioner and the learned Government Advocate and on perusing the affidavit of compliance and the endorsement - 5 - HC-KAR NC: 2025:KHC-D:7946-DB CCC No. 100016 of 2025 issued to the petitioner, we are of the considered opinion that we have to consider the submissions in the light of the orders already passed by the Coordinate Bench while dropping the contempt proceedings in the other matter. What we find is that paragraph No.13 of the order passed by the learned Single Judge, which is the operative portion, similar directions have been issued in respect of both the Writ Petitions. The direction is that the respondents-authorities shall also consider the claim of the petitioner for salaries during the period November 2010 to September 2012 in accordance with law. Therefore, there cannot be a different consideration insofar as the prayer made in the Writ Petition and the directions issued by the learned Single Judge, even in respect of payment of salary during the period of suspension. The direction is only to consider the claim in accordance with law. In the other contempt petition, the Coordinate Bench has held that it is relevant to note that in paragraph No.13 of the order, the learned Single Judge has merely directed the - 6 - HC-KAR NC: 2025:KHC-D:7946-DB CCC No. 100016 of 2025 respondents/authorities to consider and no specific direction has been issued to any particular authority or the management of the institution to make payment. For that reason, the contempt petition was dropped reserving liberty to the petitioner to initiate such other proceedings as may be available to him under law. 5. Accordingly, this contempt petition is also dropped while reserving liberty to the petitioner to initiate action in accordance with law if the petitioner is aggrieved of the endorsement dated 02.12.2024 (document No.3) filed along with the compliance affidavit. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE NAA CT: UMD List No.: 1 Sl No.: 8