SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2013 Supreme(Kar) 713

High Court of Karnataka
X. BHAKTH AVATS ALA & PRADEEP D. WAINGANKAR, JJ.
N.A. SADASHIVA & Others
Versus
S.V. Ranganath & Others
CCC No. 1399 of 2013 (CIVIL)
Decided On : 08-11-2013

Advocates Appeared:
For the Appellants:K.K. Thayamma, Advocate.
For the Respondents: Pramodhini Kishan, HCGF.

Headnote:CONTEMPT OF COURT ACT, 1971 - Sections 11 & 12 r/w Article 215 of the Constitution of India: [Dr. K. Bhakthavatsala & Pradeep. D. Waingankar, JJ] Civil contempt - As per roster, petition was posted before same Division Bench which passed the order alleged to be disobeyed - Matter was adjourned - Registry suo-motu moved the Hon’ble chief Justice and obtained special orders to post the petition before the another Division Bench - Action of the Registry in obtaining special orders to post the petition before the another Division Bench, whether justified? - Held, The jurisdiction in contempt matters is independent jurisdiction of original nature - Hence, it would not fall within the scope of Section 4 of High Court of Karnataka Act, 1961. The power conferred under the Contempt of Courts Act is to uphold the majesty of law and the rule of law which is the foundation of democratic society. In the instant case, complainants are not challenging the Order dated 8.3.2013 made in the Writ Appeals and on the other hand, the contention of the complainants is that Order dated 8.3.2013 has been disobeyed by the accused. Hence, there is no impediment for the Bench which has passed the order alleged to be disobeyed by the accused, to initiate contempt proceedings in accordance with the law. As the Contempt Petition filed under the Contempt of Courts Act, cannot be equated with that of an Appeal filed under Section 4 of Karnataka High Court Act, 1961, the procedure adopted by the Registry for taking special order for posting the Contempt Petition before some other Bench is not correct. The Registry is directed to note the same for future course of action. Contempt Petition filed against Accused Nos. 1 and 2 is rejected in limine; whereas the Contempt Petition filed against Accused No. 3 is dropped.

Judgment :

1. This is a petition filed under Article 215 of the Constitution of India r/w Sections 11 and 12 of the Contempt of Courts Act, 1971 praying to initiate contempt proceedings against the accused Nos. 1 to 3 for disobeying the order dated 08.03.2013 made in W.A.No.3642/2012 and W.A.Nos.8533-8541/2012 on the file of the Division Bench of this Court.

2. For the purpose of convenience, the complainants are here-in-after referred to as "the petitioners" as mentioned in W.P.Nos.40419- 40428/2010.

3. Brief facts of the case leading to the filing of the contempt petition may be stated as under:

Complainants/petitioners filed writ petitions in W.P.Nos.40419-40428/2010 on the file of this Court against the Chief Secretary (Accused No.1), the Commissioner of Hindu Religious Institution and Charitable Endowments (in short "HRICE") (Accused No.2) and the Executive Officer of Sri. Srikanteshwaraswamy Temple, Nanjangud (Accused No. 3), for quashing the notice issued by the Commissioner of HRICE, dated 31.12.2008 at Annexure-A and to direct the respondent No.2 to pay salary and other benefits. They have pleaded that they were employed under the Mysore Religious and Charitable Institution Act, 1927 as indoor and outdoor temple servants for the purpose of supply of flowers, playing musical instruments, decoiating the temple /chariot, keeping the temple premises clean and to regulate the flow of devotees visiting the temple, on a meagre salary and there was no age limit to retire and not entitled for retiral benefits like Officials of Muzarai temple. It is also stated that after the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 came into force, Accused No.2, by his notice dated 3.1.2005, directed Accused No.3 not to pay salary and other benefits as per the 5th Pay Commission report and retire the petitioners on their attaining age of 60 years. The petitioners and other employees of Accused No.3- Temple challenged the notice of Accused No.2 in W.P. Nos.40419-40428/2010 (S-RES). After the Accused entered appearance in the Writ Petitions, learned Single Judge, by order dated 12.12.2011, allowed the writ petitions directing respondent No.3 (who is Accused No.3 herein) to pay salary of the petitioners in accordance with the Fifth Pay Commission notwithstanding the direction issued by Accused No. 2/Commissioner, subject co the petitioners furnishing security for the due re-payment of monies if they are found disentitled to the same on disposal of the appeal by the Apex Court. The petitioners questioned the correctness of order of the learned Single Judge made in WP Nos.40419-40428/2010 (S-Res) in W.A.No.3642/2012 and W.A.Nos.8533-8541/2012. The Division Bench by order dated 8.3.2013 set aside the condition namely in so far as the direction to furnish security and thus modified the impugned order dated 12.12.2011 in the Writ Petitions. It is alleged that the accused have disobeyed the order dated 8.3.2013 made in the above said Writ Appeals and pray for initiating contempt proceedings against Accused Nos. 1 to 3.

4. We have perused the order sheet in this Contempt Petition. This Civil Contempt Petition was filed on 13.08.2013. According to the roster, contempt petition was listed on 23.10.2013 before the Bench of Mr. Justice K.L. Manjunath and Mr. Justice H.S. Kempanna. They adjourned the case to 25.10.2013, There is no order or direction by the division Bench to post the case before some other Bench. But on 24.10.2013, the Registry suo-motu moved the Hon'ble Chief Justice for assigning the Contempt Petition to some other Bench and thus Hon Tale Chief Justice by his special order dated 24.10,2013 ordered to post this matter before tins Bench. The Registry was directed to put up its report as to why the special order for posting the case before some other Bench was obtained. Accordingly, a report dated 5.11.2013 has been submitted. The reason assigned by the Registry is that Hon'ble Mr. Justice K L Manjunath and Hon'b













Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top