SAMPATH M Vs. S SRINIVASAN

JUDGEMENT

(1.) This contempt petition has been filed by the petitioner who is admittedly the Secretary of the Sungarahalli Primary Agricultural Co-operative Bank Limited, praying to summon the respondent for wilful disobedience of the orders of this Court passed in Writ Petition No. 30189 of 2002 dated July 24, 2002, and punish him under the provisions of the Contempt of Courts Act. Heard learned counsel for the petitioner and the learned Additional Government Pleader (Co-operatives) contra.

(2.) On facts, what comes to be known is that the petitioner who was serving as the Secretary of the Sungarahalli Primary Agricultural Co-operative Bank Limited, has been placed under suspension with effect from April 16, 2001, on the alleged misappropriation of funds to the tune of Rs. 26,00,000.

(3.) It is the case of the petitioner that from the date of his suspension till date, the subsistence allowance has not been paid in his favour as it is required under the Payment of Subsistence Allowance Act. The petitioner would further submit that he moved this Court by means of writ petition in W. P. No. 30189 of 2002 praying to issue a writ of mandamus directing the second, respondent therein, the special officer, Sungarahalli Primary Agricultural Co-operative Bank Ltd., to pay the subsistence allowance to the petitioner from the date of his suspension and this Court has also passed an order in consideration of the facts and circumstances of the case to the effect that