SRI UMESH ANANTRAO KULKARNI , v. SRI AJAYKUMAR MISHRA,
CCC/100269/2024 · 2025-04-03
C M Poonacha, S G Pandit
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 6987 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6987 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:5969-DB CCC No. 100269 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO.100269 OF 2024 BETWEEN:
SRI UMESH ANANTRAO KULKARNI, AGED ABOUT 71 YEARS, R/O BEHIND KALIDAS HOSTEL, 1ST MAIN, RAJATAGIRI, TQ AND DIST. DHARWAD. 580004. …COMPLAINANT (BY SRIYUTHS. RAVI HEDGE & VINAYKUMAR BHAT, ADVOCATES)
AND:
SRI AJAYKUMAR MISHRA, AGE. MAJOR, THE CHIEF MANAGER, H.R.M. CORPORATE OFFICE, INDIAN BANK, 254-260, AVVAI SHANMUGAM SALARI, ROYAPETTAH, CHENNAI 600014. …ACCUSED (BY SRI. G.N. RAICHUR, ADVOCATE FOR SOLE ACCUSED)
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, TAKE COGNIZANCE OF AN OFFENCE PUNISHABLE UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971 AND PUNISH THE ACCUSED PERSONS FOR HAVING DISOBEYED THE ORDER PASSED IN W.P.NO.114499 OF 2015 (S-RES) DATED 13.09.2023, ORDER PASSED IN WRIT PETITION NO.114499/2015 (S-RES), DATED 13.09.2023, VIDE ANNEXURE-A, PASSED BY THE LEARNED SINGLE JUDGE, HIGH COURT OF KARNATAKA, DHARWAD BENCH AND ALSO AWARD COST OF THIS PROCEEDINGS, IN THE ENDS OF JUSTICE.
THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA
ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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NC: 2025:KHC-D:5969-DB CCC No. 100269 of 2024
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
The complainant is before this Court in this contempt petition complaining disobedience of order dated 13.09.2023 passed in WP No.114499/2015, wherein this Court passed the following order: i) The petition is allowed. ii) The
order/endorsement bearing No.CO/HRM/Group-O/8697 dated 26.2.2014 passed by the respondent stands quashed. iii) The petitioner is held eligible to the stagnation increment that the petitioner was entitled to, which was postponed on account of imposition of penalty iv) The pension of the petitioner shall be refixed by passing appropriate orders in accordance with law within 16 weeks from the date of receipt of copy of this order, if not earlier.
2. On issuance of notice, respondent/accused, Sri. Ajaya Kumar Mishra, Chief Manager, Indian Bank, Chennai, is present before the Court and files an affidavit dated 3.4.2025 enclosing two documents. The affidavit would state that the entitled stagnation increment to the complainant was granted and paid on 8.7.2016. Thereafter, the complainant’s monthly pension was updated. Difference of pension with DA from July 2016 to June 2024 was paid on 14.08.2024. The affidavit
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NC: 2025:KHC-D:5969-DB CCC No. 100269 of 2024
further discloses that the complainant has reached maximum of his Scale-II in February, 2010 and became eligible for 1st stagnation in the year 2013. It is also stated in the affidavit that the complainant would not be entitled for 4th stagnation, as he retired from service in the year 2013 itself.
3. On going through the order of the learned Single Judge and the compliance affidavit filed by respondent/accused, we are satisfied that there is substantial compliance of the direction issued by this Court. Hence, further proceedings are dropped.
4. If the complainant is of the opinion that still his grievance persists, it is open for him to initiate appropriate proceedings before appropriate forum.
Sd/- (S G PANDIT) JUDGE
Sd/- (C.M. POONACHA) JUDGE
JTR LIST NO.: 1 SL NO.: 31