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2025 DAILYLAW 8142 (KAR)

SRI. K. L. GUDENNAVAR v. SRI. V. ANBUKUMAR I.A.S,

CCC/100373/2024 · 2025-01-27

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:1502-DB CCC No. 100373 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO.100373 OF 2024 BETWEEN: SRI. K. L. GUDENNAVAR AGE. 50 YEARS, OCC. DIVISIONAL TRAFFIC OFFICER, NWKRTC, HUBBALLI RURAL DIVISION, HUBBALLI, DIST. DHARWAD-580030. …COMPLAINANT (BY SRI. RAVI HEGDE, ADVOCATE) AND: SRI. V. ANBUKUMAR, I.A.S., AGE. MAJOR, THE MANAGING DIRECTOR, KSRTC, SHANTI NAGAR, BENGALURU-560027. …ACCUSED THIS CIVIL CONTEMPT PETITION 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 & 12 OF CONTEMPT OF COURTS ACT, 1971 AND PUNISH THE ACCUSED PERSONS FOR HAVING DISOBEYED THE ORDER PASSED IN WRIT APPEAL NO.100260/2023 (S-KSRTC), DATED. 11TH SEPTEMBER 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 B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1502-DB CCC No. 100373 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainant alleges that the respondent is in disobedience of this Court’s direction in W.A. No.100260/2023 inasmuch as without fixing the complainant’s seniority for promotion, the respondent has issued Annexure – D. This Court’s direction in its material part reads as under: “The impugned order, dated 09.02.2023, passed in W.P. No.103715/2018 by the learned Single Judge is hereby modified by directing the respondents to fix the seniority of the appellant for promotion and without reference to the punishment order or the present proceedings and grant all benefits including promotion, seniority, etc. in favour of the appellant as expeditiously as possible.” Sri. Ravi Hegde, the learned counsel for the Complainant, cannot dispute that if time line is not fixed for compliance a contempt would not lie. Further, if the complainant is aggrieved by the issuance of Annexure – D notwithstanding the direction, this Court is of the view that the complainant must avail remedy as against Annexure – D - 3 - NC: 2025:KHC-D:1502-DB CCC No. 100373 of 2024 in the light of the direction by the writ Court as aforesaid. In view of the same, the complaint is closed subject to all just exceptions. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE Rsh, ct:vp LIST NO.: 1 SL NO.: 1