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CCC No. 100289 of 2022
C/W CCC No. 100288 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
CIVIL CONTEMPT PETITION NO. 100289 OF 2022.
C/W
CIVIL CONTEMPT PETITION NO. 100288 OF 2022
IN MFA NO. 100289/2022.
BETWEEN:
MR HANAMANTAPPA S/O. BHARAMANNA HALEPPANAVAR,
AGED ABOUT 55 YEARS, OCC: TEACHER, OFFICER ADD:
GLPS, NO.3, GANDHINAGAR, R/O: KONANTAMBAGI,
TQ: HAVERI, DIST: HAVERI-581110.
…COMPLAINANT.
(BY SRI. SUNIL S. DESAI, ADVOCATE)
AND:
1.
DR. VISHAL R,
I.A.S, COMMISSIONER,
DEPARTMENT OF PUBLIC INSTRUCTIONS, NEW PUBLIC
OFFICES, NRUPATHUNGA ROAD, BENGALURU-560001.
2.
B. S. JAGADESHWERA,
AGE: ABOUT 55 YEARS, DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS, DEPARTMENT OF PUBLIC
INSTRUCTIONS, HAVERI 581110.
3.
M. B. AMIGARM
AGE: ABOUT 50 YEARS,
BLOCK EDUCATION OFFICER, OFFICE OF THE BLOCK
OFFICER, DEPARTMENT OF PUBLIC INSTRUCTIONS, TQ:
SHIGGAON, DIST: HAVERI-581110.
YASHAVANT
NARAYANKAR
Digitally signed by
YASHAVANT
NARAYANKAR
Location: High Court of
Karnataka, Dharwad
Date: 2023.06.26
11:27:44 +0530
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CCC No. 100289 of 2022
C/W CCC No. 100288 of 2022
4.
THE STATE OF KARNATAKA,
PRO FORMA RESPONDENT.
…ACCUSED
(BY SMT. VIDYAVATHI M. K. AAG, A/W
V. S. KALASURMATH, HCGP FOR ACCUSED NO. 1 TO 4).
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
CONSTITUTION OF INDIA, 1950, PRAYING THIS COURT TO, THAT A
SUITABLE ACTION AGAINST THE ACCUSED BE TAKEN FOR HAVING
VIOLATED THE ORDER PASSED BY THIS HON BLE COURT IN
W.P.NO.105258/2021 DATED 21/04/2022 AS PER ANNEXURE-C AND
AS PER THE PROVISIONS OF THE CONTEMPT OF COURT ACT FOR
HAVING DELIBERATELY IGNORED THE ORDERS PASSED BY THE
COURT, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 100288/2022.
BETWEEN:
MR. MAHABOOBSAB S/O. FAKRUSAB BADIGER,
AGED ABOUT 58 YEARS, OCC: TEACHER, OFFICER ADD:
GOVERNMENT HIGHER PRIMARY URDU GIRLS SCHOOL,
NO. 2, KHATIB GALLI, TQ: RANEBENNUR,
DIST: HAVERI-581115. R/O. MAHANTESH NAGAR,
GUTTAL, TQ: GUTTAL, DIST: HAVERI-581115.
…COMPLAINANT.
(BY SRI. SUNIL S. DESAI, ADVOCATE)
AND:
1.
DR. VISHAL R,
I.A.S, COMMISSIONER,
DEPARTMENT OF PUBLIC INSTRUCTIONS, NEW PUBLIC
OFFICES, NRUPATHUNGA ROAD, BENGALURU-560001.
2.
B. S. JAGADESHWERA,
AGE: ABOUT 55 YEARS, DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS, DEPARTMENT OF PUBLIC
INSTRUCTIONS, HAVERI 581115.
3.
M. H. PATIL
AGE: ABOUT 50 YEARS,
BLOCK EDUCATION OFFICER, OFFICE OF THE BLOCK
OFFICER, DEPARTMENT OF PUBLIC INSTRUCTIONS, TQ:
SHIGGAON, DIST: HAVERI-581115.
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CCC No. 100289 of 2022
C/W CCC No. 100288 of 2022
4.
THE STATE OF KARNATAKA,
PRO FORMA RESPONDENT.
…ACCUSED
(BY SMT. VIDYAVATHI M. K, AAG, A/W
V. S. KALASURMATH, HCGP FOR ACCUSED NO. 1 TO 4).
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
CONSTITUTION OF INDIA, 1950, PRAYING THIS COURT TO, THAT A
SUITABLE ACTION AGAINST THE ACCUSED BE TAKEN FOR HAVING
VIOLATED THE ORDER PASSED BY THIS HON BLE COURT IN
W.P.NO.105255/2021 DATED 21/04/2022 AS PER ANNEXURE-C AND
AS PER THE PROVISIONS OF THE CONTEMPT OF COURT ACT FOR
HAVING DELIBERATELY IGNORED THE ORDERS PASSED BY THE
COURT, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
S.G.PANDIT, J., MADE THE FOLLOWING:
These contempt petition in CCC No.100288/2022 is
filed
complaining
disobedience
of
the
order
dated
21.04.2022 passed by the learned Single Judge in
W.P.No.105255/2021 and CCC No.100289/2022 is filed
complaining disobedience of the order dated 21.04.2022
passed
by
the
learned
Single
Judge
in
W.P.No.105258/2021 wherein this Court passed the
following order:
"Both
the
writ
petitions
are
allowed.
Consequently, the order of the KAT is set aside and
the petitioners are entitled for consideration of
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transfer in terms of Rule 10(6) which would entitle
them to be retained within Haveri taluk as a one
time measure.
The respondents are directed to consider
request of the petitioners in terms of Rule 10(6) as
regards vacancy available at Haveri taluk.
It is made clear that the order passed in the
present writ petitions are passed in the peculiar
facts of the case."
2.
Learned Addl. Advocate General on behalf of
accused persons would submit that the State had taken up
the
order
passed
by
this
Court
in
SLP
Diary
No.12461/2023 and the said SLP was disposed of on
28.04.2023 Thereafter the accused has taken action to
implement the order passed by this Court.
3.
Today, accused No.1- Deputy Director of Public
Instructions, Haveri, Dist: Haveri has filed affidavit
enclosing
order
dated
20.06.2023
wherein
the
complainants are provided with postings as directed by
this Court.
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4.
The affidavit along with enclosure is placed on
record.
5.
For in implementing the order of this Court, the
accused No.1 has tendered unconditional apology.
6.
Unconditional apology tendered by accused
No.1 is accepted.
7.
In view of the above, further proceedings are
dropped. Contempt petitions are disposed of accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
Naa
List No.: 1 Sl No.: 29
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