Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:16096-DB CCC No. 316 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU CIVIL CONTEMPT PETITION NO. 316 OF 2023 (-) BETWEEN:
1.
MAJOR A.SUHEL KHAN AGED ABOUT 43 YEARS, S/O MR.A.K.KHAN, A4, 602, SANDEEP VIHAR KANNAMANGALA, WHITEFIELD HOSKOTE ROAD, BENGALURU-560 115. …COMPLAINANT (BY SRI. NIDHISHREE.B.V., ADVOCATE)
AND:
1.
SHRI.SANJAY MITRA SECRETARY, THE UNION OF INDIA, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI-110 001.
2.
GENERAL MANOJ PANDE, PVSM, AVSM, VSM, ADC.
THE CHIEF OF ARMY STAFF, INTEGRATED HEAD QUARTERS (ARMY), MINISTRY OF DEFENCE, NEW DELHI-110 001.
3.
LT.GEN.PKG MENON, PVSM, AVSM, SM, VSM THE MILITARY SECRETARY, MILITARY SECRETARY’S BRANCH, INTEGRATED HQ OF MINISTRY OF DEFENCE (Army),
Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA
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HC-KAR NC: 2026:KHC:16096-DB CCC No. 316 of 2023
DHQ PO, NEW DELHI.
4.
MAJOR GEN.DEEPAK MEHRA, KC, AVSM, VSM ADDITIONAL DIRECTORATE GENERAL, DISCIPLINE ADN VIGILANCE (DV-2) ADJUTANT GENERAL’S BRANCH, INTEGRATED HQ OF MOD (ARMY), NIRMAN BHAWAN P.O, NEW DELHI-110 011. …ACCUSED (BY SRI. SHANTHI BHUSHAN., DSGI)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA, WHEREIN HE PRAYS THAT THE HONBLE COURT BE PLEASED TO FIND THE ACCUSED GUILTY OF COMMISSION OF CONTEMPT OF ORDER DATED 30.11.2022 IN W.P NO.15469/2018, (ANNEXURE-P) PASSED BY THIS HON’BLE COURT AND FURTHER BE PLEASED TO CONVICT THE ACCUSED FOR THE SAME AND CONSEQUENTLY SENTENCE THE ACCUSED TO IMPRISONMENT FOR A PERIOD OF 6 MONTHS IN ACCORDANCE WITH THE PROVISIONS OF CONTEMPT COURTS ACT, 1971 OR FOR SUCH FURTHER PERIOD OF IMPRISONMENT AS THIS HON’BLE COURT MAY DEEM FIT IN EXERCISE OF ITS POWERS UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN & HON'BLE MS. JUSTICE TARA VITASTA GANJU
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HC-KAR NC: 2026:KHC:16096-DB CCC No. 316 of 2023
ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This Contempt of Court Case is filed alleging non- compliance with the directions issued by this Court by order dated 30.11.2022 in W.P.No.15469/2018. This Court while disposing of the Writ Petition at Annexure 'P' has directed as under :
"Learned DSG, on instructions, submits that benefit to which the petitioner is entitled to is under process and the same would be settled within eight weeks from the date of receipt of a copy of this order."
2. The learned Deputy Solicitor General of India submits that the compliance affidavits had been filed on 06.07.2023, 17.03.2023, 17.03.2025 and 19.02.2026 pointing out that the amounts due. According to the respondents, the gratuity, leave surrender etc. had been paid as directed and the reason for non-payment of further amounts as claimed by the complainant had also been clearly informed to the complainant.
3. The
learned counsel appearing for the complainant submits that the objections have been filed as against the compliance affidavits as well.
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HC-KAR NC: 2026:KHC:16096-DB CCC No. 316 of 2023
4. Having considered the contentions advanced, we notice that the Annexure 'P' judgment records that
"dismissal from service" has been amended as "termination from service". The contention of the respondents is that all the benefits as available have been disbursed to the complainant.
5. We are of the opinion that in case the complainant has any objection with regard to the amount so disbursed, it is for the complainant to take it up in appropriate proceedings. Reserving liberty to the complainant to take up the matter in appropriate proceedings, including before the appropriate authority under the Payment of Gratuity Act, the Contempt of Court Case is closed.
6. Notice, if any, issued shall stand discharged.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (TARA VITASTA GANJU) JUDGE YKL List No.: 3 Sl No.: 8