Sri N R Krishnaiah Son of Sri Ramage GowdA. Vs. Sri. R Gopalan Secretary. - Court Judgment

SooperKanoon Citationsooperkanoon.com/925604
CourtKarnataka High Court
Decided OnMar-28-2012
Case NumberCCC [Civil] No. 126 of 2012
JudgeD V SHYLENDRA KUMAR; K GOVINDARAJULU, JJ.
AppellantSri N R Krishnaiah Son of Sri Ramage Gowda
RespondentSri. R Gopalan Secretary
Advocates:SRI B B BAJENTRI. ADV
Excerpt:
[d v shylendra kumar; k govindarajulu, jj.] this ccc is filed u/s 11 & 12 of the contempt of court act by the complainant. wherein he prays that the hon'ble high court be pleased to initiate contempt proceedings against the accused and punish him for disobeying the order dated 17.2.2006 passed by the hon'ble high court in w.p.no. 12105/2001 vide ann-a and modified in wa no.580/2006 dtd. 16.3.2011 vide ann-c and etc.1. the complainant in this contempt petition was the writ petitioner before this court in writ petition no. 12105/2001 praying for quashing of a decision passed by the chairman & managing director, national insurance company limited, declining to accede to the request of the complainant to count past service rendered by the complainant in the government insurance department, which was later come to be absorbed in the national insurance company limited.2. writ petition came to be allowed, but in the appeal filed by the national insurance company limited, it came to be slightly modified taking notice of certain amendment to the law and therefore a direction was issued to the respondents to independently consider the representation of the complainant - writ petitioner for extending or otherwise of the benefit that is sought for.3. complainant had approached this court with the above contempt  petition  complaining that  notwithstanding  the clear direction, the representation of the petitioner has not been considered afresh for passing suitable orders.4. notice had been issued to the accused person -secretary, government of india, economic affairs, ministry of finance, and accused is represented by counsel sri. kalyan basavaraj. asgi.5. an affidavit is placed before the court sworn to by sri. s k mohan by under secretary to government of india, ministry of finance. department of financial services, new delhi, inter alia, indicating that the representation of the complainant has been considered and orders passed on 22.3.2012 [copy at annexure r1].6. smt. sinchana, learned counsel appearing for the accused submits that in this view of the development, contempt proceedings maybe dropped.7. sri. bajentri, learned counsel for the complainant though is not very happy with the order, seeks leave of the court to pursue his remedies elsewhere, but insofar as the present contempt petition is concerned, the order amounts to passing orders on the representation of the complainant.8. without prejudice to the other remedies that the complainant, may have elsewhere in accordance with law insofar as the order under annexure-r1 is concerned, this contempt petition is closed.
Judgment:

1. The complainant in this contempt petition was the writ petitioner before this court in writ petition No. 12105/2001 praying for quashing of a decision passed by the Chairman & Managing Director, National Insurance Company Limited, declining to accede to the request of the complainant to count past service rendered by the complainant in the Government Insurance Department, which was later come to be absorbed in the National Insurance Company Limited.

2. Writ petition came to be allowed, but in the appeal filed by the National Insurance Company Limited, it came to be slightly modified taking notice of certain amendment to the law and therefore a direction was issued to the respondents to independently consider the representation of the complainant - writ petitioner for extending or otherwise of the benefit that is sought for.

3. Complainant had approached this court with the above contempt  petition  complaining that  notwithstanding  the clear direction, the representation of the petitioner Has not been considered afresh for passing suitable orders.

4. Notice had been issued to the accused person -Secretary, Government of India, Economic Affairs, Ministry of Finance, and accused is represented by counsel Sri. Kalyan Basavaraj. ASGI.

5. An affidavit is placed before the court sworn to by Sri. S K Mohan by Under Secretary to Government of India, Ministry of Finance. Department of Financial Services, New Delhi, inter alia, indicating that the representation of the complainant has been considered and orders passed on 22.3.2012 [copy at Annexure R1].

6. Smt. Sinchana, learned counsel appearing for the accused submits that in this view of the development, contempt proceedings maybe dropped.

7. Sri. Bajentri, learned counsel for the complainant though is not very happy with the order, seeks leave of the court to pursue his remedies elsewhere, but insofar as the present contempt petition is concerned, the order amounts to passing orders on the representation of the complainant.

8. Without prejudice to the other remedies that the complainant, may have elsewhere in accordance with law insofar as the order under Annexure-R1 is concerned, this contempt petition is closed.