- 1 - HC-KAR NC: 2026:KHC:9670-DB CCC No. 858 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 858 OF 2025 BETWEEN: 1. SRI NAGARAJ AGED ABOUT 44 YEARS S/O SIDDAPPA, WORKING AS ICTC COUSELLOR, PRIMARY HEALTH CENTER, GABBURE TQ, DEVADURGA DIST, RAICHUR-584113 PETITIONER No.3 IN W.P. No:40946/2017 2. SRI MALLANNA STO SHIVARAYAPPA SIRUR, AGED ABOUT 42 YEARS, WORKING AS I.C. T.C. COUNSELLOR, PRIMARY HEALTH CENTER, SULEPETH-585324, CHINCHOLI TALUK. KALBURGI DISTRICT. PETITIONER No.6 IN W.P. No:40946/2017 3. SRI SHIVAKUMAR S/O LINGAPPA TENGLI AGED ABOUT 38 YEARS WORKING AS I.C.T.C. COUNSELLOR, COMMUNITY HEALTH CENTER, DORANNALLI TQ-585223 SHRORAPUR DISTRICT, YADAGIRI. PETITIONER No.9 IN W.P. No:40946/2017 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9670-DB CCC No. 858 of 2025 4. SRI RAJAKUMAR K YATANUR S/O KALYANARAY YATANUR, AGED ABOUT 34 YEARS, WORKING AS I.C.T.C. COUNSELLOR, PRIMARY HEALTH CENTER, KOLHAR, B BAGEWADI TALUK-586203, VIJAYAPURA DISTRICT. PETITIONER No.10 IN W.P. No:40946/2017 5. SRI MUDAKAPPA PHAKIRAPPA AMBIGER S/O KALYANARAY YATANUR, AGED ABOUT 39 YEARS, WORKING AS I.C.T.C. COUNSELLOR, PRIMARY HEALTH CENTER, BABALESHWAR VIJAYAPURA TALUK & DISTRICT. PETITIONER No.11 IN W.P. No:40946/2017 6. SRI SIDRAMAPPA BASAPPA KALLUR S/O BASAPPA KALLUR. AGED ABOUT 40 YEARS, WORKING AS I.C.T.C. COUNSELLOR, PRIMARY HEALTH CENTER. DEVARA HIPPARAGI-586115 (N) SINDAGI TALUK. VIJAYAPURA DISTRICT. PETITIONER No.12 IN W.P. No:40946/2017 7. SRI L SUBRAMANYA S/O P. N. LAKSHMAIAH, AGED ABOUT 55 YEARS. WORKING AS I.C.T.C. COUNSELLOR. COMMUNITY HEALTH CENTER, T. NARASIPURA TALUK-571110, MYSORE DISTRICT. PETITIONER No.13 IN W.P. No:40946/2017 8. SRI C. DEVARAJU S/O LATE CHIKKASIDDAIAH, AGED ABOUT 49 YEARS, - 3 - HC-KAR NC: 2026:KHC:9670-DB CCC No. 858 of 2025 WORKING AS I.C.T.C. COUNSELLOR, PRIMARY HEALTH CENTER. RAMAPURA-571604, KOLLEGALA TALUK, CHAMARAJANAGAR DISTRICT, PETITIONER NO 14 IN W.P. NO 40946/2017 9. SRI T S DHANANJAYA S/O LATE MH SHAMAIAH, AGED ABOUT 45 YEARS, WORKING AS A LAB TECHNOLOGIST, PRIMARY HEALTH CENTER, HULIYAR, CHIKKANAYAKANAHALLI TALUK, TUMKUR DIST-572218 PETITIONER NO 18 IN W.P. NO 40946/20217 10. SRI N. PRABHAKAR S/O K. NAGARAJAIAH AGED ABOUT 55 YEARS WORKING AS A LAB TECHNOLOGIST, PRIMARY HEALTH CENTER, CHELUR-572117, TUMKUR TALUK AND DISTRICT, PETITIONER NO 19 IN W.P. NO 40946/2017 11. SRI UMESH YALAGURAPPA GOUDAR W/O YALAGURAPPA GOUNDAR, AGED ABOUT 47 YEARS WORKING AS A LAB TECHNOLOGIST, PRIMARY HEALTH CENTER, HOLE ALUR-582203, RON TALUK GADAG DISTRICT PETITIONER NO 21 IN W.P. NO 48946/2017 12. SRI VIDYANAND M IJERI S/O MALLAPPA, AGED ABOUT 41 YEARS, WORKING AS I.C.T.C LAB TECHNOLOGY, COMMUNITY HEALTH CENTER, KUDALASANGAM-577115, - 4 - HC-KAR NC: 2026:KHC:9670-DB CCC No. 858 of 2025 HUNAGUND TALUK, BAGALAKOT DISTRICT PETITIONER NO 22 IN W.P. NO 40946/2017 13. SRI DIVAKAR S/O GURUNATH RAO BIRADAR, AGED ABOUT 45 YEARS, WORKING AS I.C.T.C LAB TECHNOLOGY, PRIMARY HEALTH CENTER, DUBLAGUNDI-585418, HUMANABAD TALUK, BIDAR DISTRICT. PETITIONER NO 24 IN W.P. NO 40946/2017 14. SRI SHRIKANTH GURULINGAPPA JAMAKHANDI S/O GURULINGAPPA JAMAKHANDI, AGED ABOUT 40 YEARS, WORKING AS A LAB TECHNOLOGIST, PRIMARY HEALTH CENTER, KOLHAR-586210, B. BAGEWADI TALUK, VIJAYAPURA DISTRICT. PETITIONER NO 25 IN W.P. NO 40946/2017 15. SMT JAYASHREE I SURAPUR D/O IRAPPA SURAPUR, AGED ABOUT 33 YEARS, WORKING AS A LAB TECHNOLOGIST, PRIMARY HEALTH CENTER, DEVARA HIPPARAGI-586115 (N) SINDAGI TALUK, VIJAYAPURA DISTRICT. PETITIONER NO 26 IN W.P. NO 40946/2017 16. SMT NEELAMMA B KORAKAHALLI D/O BHIMARAYA, AGED ABOUT 40 YEARS. WORKING AS A LAB TECHNOLOGIST. PRIMARY HEALTH CENTER. HORTI-586117, - 5 - HC-KAR NC: 2026:KHC:9670-DB CCC No. 858 of 2025 INDI TALUK, VIJAYAPURA DISTRICT. PETITIONER NO 27 IN W.P. NO 40946/2017 17. SMT N.V. SARASWATHI W/O H. A. RAMALINGAIAH, AGED ABOUT 47 YEARS, WORKING AS A LAB TECHNOLOGIST, PRIMARY HEALTH CENTER. RAMPURA-571604, KOLLEGALA TALUK. CHAMARAJANAGAR DISTRICT PETITIONER NO 28 IN W.P. NO 40946/2017 18. SRI H.P. RAVINDRA, S/O HANUMANTAHPPA, AGED ABOUT 39 YEARS WORKING AS A LAB TECHNOLOGIST, PRIMARY HEALTH CENTER, KULAMBI POST-577219 HONNALLI TALUK, DAVANAGERE DISTRICT INSERTED VIDE ORDER DATED 29.04.2025 PASSED BY THIS HONBLE COURT …COMPLAINANTS (BY SRI. GEORGE LAZARUS R, ADVOCATE) AND: 1. SRI HARSH GUPTA IAS THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, NO 105, 1ST FLOOR, VIKASA SOUDHA, BENGALURU-560001 2. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND - 6 - HC-KAR NC: 2026:KHC:9670-DB CCC No. 858 of 2025 FAMILY WELFARE, VIKASA SOUDHA, BENGALURU-560001. …ACCUSED (BY SRI. S.H. RAGHAVENDRA, AGA) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED NO.1 FOR HAVING WILLFULLY DISOBEYED THE ORDER DATED 05.07.2024 PASSED BY THIS HONBLE COURT IN WP NO.40946/2017 (S- RES) AND PUNISH HIM IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present complaint alleging wilful disobedience of the order dated 05.07.2024 passed by the learned Single Judge in W.P. No.40946/2017. The said order is a common order which was passed in Writ Petition No.28182/2016, Writ Petition No.30095/2016 as well as Writ Petition No.40946/2017 [S-RES]. In so far as Writ Petition Nos.28182/2016 and 30095/ 2016 are concerned, the - 7 - HC-KAR NC: 2026:KHC:9670-DB CCC No. 858 of 2025 same were disposed of without any further orders. However, operative directions were issued in W.P. No.40946/2017, which reads as under: b] The writ petition in W.P. No.40946/2017 stands disposed of subject to the following directions: [i] The Principal Secretary, Department of Health and Family Welfare, Government of Karnataka, shall nominate a Senior Officer to enquire into the rival claims of the petitioners and the Society about the continuance of the subject Centers and the petitioners' continued deployment at these Centers. [ii] The Senior Officer so nominated by the Principal Secretary shall hold the first sitting on 22.08.2024 and the petitioners/Society shall be informed about the Officer who is nominated pursuant to this Order. [iii] The petitioners/Society, after being informed about the Officer who is nominated pursuant to this Order, shall be at liberty to place on record all materials to demonstrate their respective cases. [iii] The Officer so appointed shall file a Report within three months from 22.08.2024 with the Principal Secretary, Department of Health and Family Welfare, who shall pass orders for petitioners' continuance if the Centers are shown to be existing or to extend right of first refusal for deployment as and when the vacancy arises. [iv] The petitioners' claim for salaries must also be part of this enquiry. 2. The accused has filed an affidavit of compliance inter alia stating that the Principal Secretary, Health & Family Welfare Department had nominated the Mission Director [NHM] as an enquiry officer and to submit a report. The said enquiry officer has submitted the report, the - 8 - HC-KAR NC: 2026:KHC:9670-DB CCC No. 858 of 2025 relevant extract to which is extracted in the affidavit filed by the accused. It is stated that a revised corrigendum was also issued, whereby the names of the two other writ petitioners were removed. 3. The learned counsel appearing for the complainant submits that the order has not been complied with as it also expressly required that the petitioner's claim for salaries must be a part of the inquiry. He submitted that no inquiry in this regard was conducted and no finding has been returned. He also submitted that the attendance register of the employees would establish that the petitioners were continuing to discharge their functions. 4. The complainant may have his grievances regarding the enquiry report submitted by the inquiry officer; however we are unable to accept that the order passed by this Court have been disobeyed or any proceedings under the Contempt of Courts Act, 1971 are required to be instituted. The extract of the inquiry report clearly indicates that the inquiry officer had held that the petitioners are not be entitled to salary or related benefits. 5. In view of the above, the complaint is closed. - 9 - HC-KAR NC: 2026:KHC:9670-DB CCC No. 858 of 2025 6. We, however, clarify that this order would not preclude the complainant from availing of any substantive remedies, if available, in accordance with law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 29