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2025 DAILYLAW 9932 (KAR)

DR H B KOSAGI v. PROF RAMESH LONDONKAR

CCC/200061/2025 · 2025-04-25

K Natarajan, Vijaykumar A Patil

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC-K:2474-DB CCC No. 200061 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO.200061 OF 2025 BETWEEN: DR. H. B. KOSAGI, S/O LATE BASAVANNAPPA, AGED ABOUT 73 YEARS, OCC: RETIRED AS A MEDICAL OFFICER, GULBARGA UNIVERSITY, GULBARGA. R/O SITA NIWAS, JAGAT, KALABURAGI, DIST. KALABURAGI-585102. …COMPLAINANT (BY SRI. SHARANA GOWDA V. PATIL, ADVOCATE) AND: 1. PROF. RAMESH LONDONKAR, GULBARGA UNIVERSITY, GULBARGA, REPRESENTED BY ITS REGISTRAR-585102 2. PROF. DAYANAND AGASAR, VICE CHANCELLOR, GULBARGA UNIVERSITY, GULBARGA-585102. …ACCUSED (BY SRI. SUDARSHAN M, ADVOCATE FOR R/A-1 TO 2) Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2474-DB CCC No. 200061 of 2025 THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST ACCUSED / RESPONDENT NO.1 AND 2 FOR DISOBEYING THE HON’BLE HIGH COURT DIRECTIONS IN THE ORDER DATED 12.02.2024 IN W.P. NO. 203329/2023 AND PASS APPROPRIATE ORDER. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) This contempt petition is filed alleging willful disobedience of the order of learned Single Judge dated 12.02.2024 passed by WP No.203329/2023. In the said order, learned Single Judge has directed the respondents to consider the representations submitted by the petitioner - 3 - NC: 2025:KHC-K:2474-DB CCC No. 200061 of 2025 dated 22.09.2015, 29.02.2016, 02.03.2016, 20.10.2016 and 26.04.2016 in accordance with law within a period of four weeks from the date of receipt of copy of the order. 2. The Registrar of Gulbarga University, Kalaburagi has filed an affidavit reporting compliance of the order of learned Single Judge. Paragraph No.1 of the said affidavit reads as under: “1. I most humbly state that, I have been arrayed as the Respondent No.1 in the above-matter, and I joined as In-charge Registrar of Gulbarga University on 31.12.2024, soon after my joining I received with a Court Notice in the abovementioned proceedings in the First Week of April i.e. on 07/08/2025, pursuantly, I have enabled Counsel to file Vakalath on my behalf on 08.04.2025. I humbly state that in compliance to the Orders of this Hon'ble Court passed in WP No.203329/2023, We have worked out to issue last pay Certificate to the Petitioner and Earned Leave Encashment benefit of the Petitioner and also the pending arrears of the increment to be paid to the Petitioner. I further state that after this initiative, an action is taken for settlement of the Pension entitled by the Petitioner, so the process of settlement of pension ordered may take another 15- 20 days. Copies of Office Order dated 22.04.2025 to issue the required Certificates of the Petitioner, the last pay drawn (Salary Certificate) dated 21.03.2025, Earned Leave Encashment benefit, Pending Arrears of the Increment to be paid to the Petitioner are herewith produced as ANNEXURES R1, R2, R3 & R4 respectively.” - 4 - NC: 2025:KHC-K:2474-DB CCC No. 200061 of 2025 3. We have perused the averments made in the affidavit. It is pointed out by the learned counsel for the respondent-University that Rs.2,71,319/- is already transferred to the petitioner by way of cheque dated 24.04.2025 and the said amount is towards earned leave encashment and arrears of pending increments. 4. The said affidavit and the submission is taken on record. 5. The aforesaid affidavit also indicates that the University has undertaken to settle the pension within a period of 20 days. 6. In view of the specific undertaking given by the respondent-University, we are of the opinion that there is substantial compliance of the order of learned Single Judge. Therefore, the contempt proceedings are dropped. 7. It is needless to mention that, if respondent- University fails to adhere to the undertaking given in the - 5 - NC: 2025:KHC-K:2474-DB CCC No. 200061 of 2025 affidavit, the petitioner is at liberty to revive the contempt petition. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE NJ List No.: 1 Sl No.: 11 CT:SI