LAWS(KAR)-2023-6-767

YUVARAJA K. B. Vs. NAGARAJ M.S.

Decided On June 19, 2023
Yuvaraja K. B. Appellant
V/S
Nagaraj M.S. Respondents

JUDGEMENT

(1.) Though present contempt petition is filed on a grievance that respondent/accused have willfully disobeyed the order of this Court dtd. 6/4/2023, copy of which is placed on record at page No.13 and interim order which is placed on record at page No. 14, reads thus;

(2.) Learned counsel for the complainant made an attempt to submit that the so-called relieved order relieving him is not brought to the notice of the complainant and only e-mail was forwarded. He also made an attempt to submit that relieving is not as per the provisions of Service Law. We are unable to accept all those submissions for the simple reason that when the order is passed it was only the petitioner was present before the learned Single Judge, other side was not represented and in the order, the learned Single Judge issued emergent notice while passing the interim order and makes it clear with a wording "if the petitioner is not relieved from the place he was working earlier". Considering all these aspects, we are unable to find any willful disobedience by the respondent/accused as claimed by the complainant/petitioner and in our opinion it is only assumption and presumption of the petitioner/complainant that the respondent/accused have willfully disobeyed the order of this Court. As such, the complaint-contempt which is devoid of merits, deserves to be dismissed at the threshold and the same is accordingly dismissed.