The

civil

contempt

proceedings

is

filed

by

the

complainant to take action against the accused under the

provisions of Sections 11 and 12 of the Contempt of Courts

Act, for their willful disobedience of the order passed by the

learned Single Judge dated 07.07.2021 made in Writ Petition

No.3570 of 2019 connected with Writ Petition Nos.22443 of

2019 and 29912 of 2019, wherein, the learned Single Judge

allowed all the writ petitions and quashed the order dated

14.01.2019 and show cause notice-cum-charge sheet dated

25.09.2019, reserving liberty to the University to initiate

disciplinary proceedings against the petitioner in the manner

3

known to law, only if the University decides to implement the

resolution of the University dated 29.05.2019 by initiating

disciplinary proceedings against the persons named in the

resolution of the Syndicate. The learned Single Judge further

held that the petitioner shall also become entitled to all

consequential benefits that would flow from the order passed

by this Court including entitlement to terminal benefits which

would however be subject to the result of the enquiry, if

initiated in terms of the direction as stated above and the

terminal benefits withheld on account of these proceedings

pending against the petitioner shall be released within 8

weeks from the date of receipt of a copy of the order.

2.

Since the accused have not complied the order

passed by the learned Single Judge of this Court, the

complainant was compelled to file the present contempt

proceedings on 27.09.2021.

3.

In response to the notice issued by this Court,

accused No.1 has filed compliance affidavit dated 26.10.2021

and it is stated in para 6 as under:

"6.

I submit that, in terms of the order

dated 16.10.2021 the university had also passed

4

an

order

of

sanction/released

all

the

consequential benefits and terminal benefits to

the

complainant

under

its

order

dated

22.10.2021. I submit that, the university under

its order dated 22.10.2021 had directed to deduct

the amount i.e., provisional pension which is

already paid to the complainant. I submit that, in

terms of the order dated 22.10.2021, the

university has released the balance consequential

benefits and terminal benefits including pension to

the complainant and also issued a cheque for a

sum of Rs.30,81,437/- and the said amount is

also been transferred to the account of the

complainant on 22.10.2021. The copy of the

order dated 22.10.2021, copy of the cheque

dated 22.10.2021 and copy of the statement of

accounts is produced and marked as Documents

Nos.2 to 4."

4.

When the matter was posted before this Court on

27.01.2022, leaned counsel for accused Nos.1 and 2 submits

that the terminal benefits have been paid except the amount

from the date of regularization, which would be paid within a

period of one week. The submission was placed on record and

the matter was posted a week after. When the matter was

posted on 03.02.2022, learned counsel for accused Nos.1 and

5

2 submits that the terminal benefits have been paid except

from the date of regularization and today a sum of

Rs.2,39,141/- has been paid to the account of the

complainant. The submission was placed on record. Learned

counsel for the complainant sought time to verify the same.

5.

Today, when the matter was posted for further

orders, learned counsel for accused Nos.1 and 2 has filed the

second compliance affidavit dated 10.02.2022 and in paras 4

and 5 has specifically stated as under:

"4.

I submit that, since the university

under

its

Syndicate

resolution

passed

on

23.05.1994 had stated that the complainant is

entitled for the benefit of notional pay fixation and

to service benefit for permission purpose from the

date of initial appointment. I submit that, the

university as per the Syndicate resolution dated

23.05.1994 has extended the benefit to the

complainant under the university order dated

02.02.2022 in terms of Section 248AA of the

Karnataka Civil Service Rules, for the period

commen