- 1 - HC-KAR NC: 2025:KHC:37472-DB CCC No. 135 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI CIVIL CONTEMPT PETITION NO. 135 OF 2025 BETWEEN: 1. H.B. SHIVAKUMAR S/O LATE HANUMANTHAIAH AGED ABOUT 63 YEARS R/AT FLAT NO.204, BUILDING NO.30. MANTRI RESIDENCY, KALENA AGRAHARA, BANNERGHATTA ROAD BENGALURU - 560 076. …COMPLAINANT (BY SRI LAXMINARAYANA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE SERVICE VIKASA SOUDHA DR.AMEDKAR VEEDHI BANGALORE - 560 001. …PRO FORMA RESPONDENT 2. SRINIVAS K. THE COMMISSIONER Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37472-DB CCC No. 135 of 2025 FOR FOOD SAFETY AND STANDARD AUTHORITY COMMISSIONER FOR HEALTH AND FAMILY SERVICE, K.R. CIRCLE, SEHSHADRI ROAD, BENGALURU - 560 001. 3. DR. TRIVENI THE DIRECTOR HEALTH AND FAMILY WELFARE SERVICE AROGYA SOUDHA MAGADI ROAD BENGALURU - 560 023. 4. DR.JANARDHAN ASSISTANT COMMISSIONER (ADMINISTRATION) FOOD SAFETY AND STANDARD AUTHORITY BANGALURU - 560 001. …ACCUSED (BY SRI NAVEEN CHANDRASHEKAR, AGA) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE APPROPRIATE ACTION AGAINST THE ACCUSED FOR WILLFULLY DISOBEYING THE ORDERS OF THIS HON'BLE COURT OR NON-COMPLIANCE OF THE ORDER DATED 05.06.2024 PASSED IN W.P. NO.23526/2023 VIDE ANNEXURE-B AND PUNISH THE RESPONDENT/ACCUSED FOR WILLFUL AND DELIBERATELY DISOBEYING THE ORDERS OF THIS HONBLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37472-DB CCC No. 135 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present contempt petition alleging willful disobedience of the order dated 05. 06. 2024 passed by the Division Bench of this Court in W.P.No.23526/2023 (S- KSAT). It is contended on behalf of the accused that in compliance of the said order, the representation of the complainant has been considered and an endorsement has been made. 2. The learned counsel for the complainant submits that the order dated 05.06.2024 has been partly complied with. Although the representation has been considered, the salary has not been released. He submits that notwithstanding the rejection of the representation, to be appointed to the post of a Food Safety Officer, the complainant would be entitled to the salary for the said post in view of the order dated 05.06.2024. - 4 - HC-KAR NC: 2025:KHC:37472-DB CCC No. 135 of 2025 3. It is contested by the learned counsel for the accused that there are no unequivocal directions for release of the salary. On the contrary, the order uses the words 'consequently payable'. The applicant's such salary is attached to the post of the Food Safety Officer. The word 'consequently' would imply that the salary is payable only if the representation is accepted. But there does appear to be some ambiguity in the said order. 4. In view of the above, we are unable to accept that any action proffered for disobedience of the order dated 05.06.2024 is maintainable. Needless to say, the parties are not precluded from seeking any clarification with regard to the order dated 05.06.2024, if the same is considered necessary. 5. The complaint is accordingly closed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE SD, List No.: 1 Sl No.: 54