Q3/
CCC P~Ec>.2€}(}4 of 2{}{)9
114' THE HIGH COURT OF KARNATA;*fi; " %
CIRCUIT BEING}-I AT V ' T 1 L
DATED THIS THE 3%
PREsEN':*' " % " 2
THE HOIPBLE
THE I~1ON'BLI.§
§,_§;;C.';C_4_NQ.*2;€§O4f§i(30.€?'1«iiivfl}
BETWEEIE;
Smt. sheshuba:.;'a%g1;ga1vT,i%~
W / :3 late: Narayan~-.Y31ig:ai; '"
Aged abcut 80 yeaI*:5_,"
R/ C: 'Uriakeri,-. "Bai1h0I3.ga1,
- Di'$§:t $_¢':ig;§m.m." %%%%% -4 » ...COMPL.AJNAN'}'
' Dharigenci, Acivocate)
1. Rehaman,
.. ,Th€'--State cf Kagmataka,
_ 'By its Unéer Secretary,
@331; of D.P.A.R. {political Pension)
M.S.BuiidiI1g,
Ba;:1ga}0re~ L
CCC N0.2{)04 of 2009
2. Dr. J.Rav:isha11kar,
The Deputy Commissioner,
Bdgatfim District, ' % T. _ * *
Belgaum. '~""'.~..,'EVfiCC;USE@ ~
(By Sri. K.E3.Adhyapak, Add}. Gc}3:eI1:zi;%:I;i't_$4£iif;-}4' 5 ' ~ 7
This CCC is filed unfier ""SecT,im:1 171«,a11d 12 of tha
Contempt of Court zfigtt, prayitig "t-r1 under the State Goverrzment
W113 had been so granted {ha pension, on
'of complainant being satisfiad, by the
Géfiiemmcrzi and having been gven such pension as per
sréér datefi 20.05.1992. The pensien, thmzgh was
'fialzied 0:} 20.95. 3992, was with effect fmm 22.11.1930
' "at £113 rates that prevailed at the reievant point sf tinge.
M"-
V
CCC No.20E)4 of2€}09
2. It appears that the State Government":
the entire scenario of gafltiiilg freedom
and having found that there '
the claims made by the L»
fighters, the Government 'to'. 1*e*.?§i<§'+;?é,*:.V:i:1e é';EeViVtVr,V1,:'LatioI:V
and had issued notiees_ freedom
fightefis pension to the authority
and to protiltgee or version.
_' had appeared
before-the" of the district and had
asserted " pension and had further
. é_ izifiieated §t1af"a§l.t.hevsupporth1g documents had already
'bee:1 However, the Deputy Commissioner
appears' '::of_ have recemmended to the Govemmefii for
eaneeflefien of pension to the eemplaizzant. The
Ail" fkfiemment cancelled the pension after such
fecommendation as per the order dated G1,O4.20O().
'4 Afier the complainant's efforts to seek restoration of
x;/
see 310.2004 M2009
the complainant to attend 1.:I'15€:€§I}q1}.iI'}7 personally, which
the complainant attended on 16.09.2008
Deputy Secretary, Department of
Administrative Reforme, and gave her "
thereafter, the orders having 11:
considerable length of time
without pension, pre.seI1te;1o.-t-3E1ie'v-(::on}:eoti1§t-ipetiiiion, and
notice had been issueoé' petition to the
respo;1de11ts.Vo2:i 0.3.O{};éC(}§3. 3 ~ '
* The have filed their courlter
affidavitu bei'ore' ms elem on 29.o5.2oo9, and it is
the affidavit, that the Case of the
vcoinpiajfieifihad been re««examir1ed as per the direction
.o:"' ihis_ but due to adn1inistrative reasons, the
o;'der o(:I.21d not be passed promptly" and that the order
"ii to be passed on i22.05,2€}()9, copy of which is
" grodueed as Annexurefii to the afiiéavit, rejecting the
claim for the freedom fightefs pension by the
CZCC NOQQG4 of 2009
complainant for the reason that the statementfl
the complainant before the Deputy
effect that she had undergone inen£h's '
whereas the certificate issued e
indicated that she was a from'
14.12.1942 to 23.e3v,n ;9_43 mm than
three months and to suspicion,
the aumorigifiei"e:n:.'§m\e--_lFi earlier action of
caneeflafiee ehe complainant and
the eension stands rejected.
8. learned counsel appearing
'_ feIj~'£he_:con1piei1"1e.{11:.submits that the order passed is
*ne':..Va--v,_Vbo':1a""fide order; that no order was passed
Government after the Begmty Secretary
heafii. ehehvnzatier and recorded the statement; that the
V' *ee§'f;%_fieate ané the statement both did eenfirm that the
eemplainant had undergone imprisonment in
'4 Connection with the freedom struggle; that there is,
CCC N02064: of 2009
absoluteiy, no justification in passing the orgieiiiiie
order is passed only after the notice it
contempt jurisdiction just to
for compliance and that the or(ier»:iei.noti.,éi.flier'
fide exercise of power or a erxdeixi Vi S 'V
9. Shri .coufisé§é.ppearmg
for the aceu§ed«re$'pQ:1*iifiei:i_te;iL other hand,
submits '--.---i-gave obeyed the
direetiens ,is£:}.1J€i':d 13}: and therefore, there is
no fuiihef jurisdiction and that the
quality f޴1eVer:ier"e;%i2n0t be examined in contempt
iiiii
:V""}ff1ei;gI1 we are irzclineci to accept fihe
.js?._i:i?3€:x;is;s;iei; ef the learned Gevemment Advocate that it
is netffery appropriate fax' us :0 examine the quaiity 91'
"ii order passed by an autherzity in contempt
jurisdiction, anti the quesfion is conflned as to whether
ciireetiorz of this Court has been eemplied or not, we
CCC NO,20{)4 of 2009
must exyress our consiéexable
disapproval of the manner in V'
Government functions in the . c$'f
ciaims for grant of freedom fiérlf%f'g
manner of disposa} of those' ';€t§:§;}E:lica.ti(51:?5§"'T
13.. In £1118 veI;y"' satisfied at
ail that the Qtgigzr, to the
courzter fide one. We
say so for p.oi}1ted out by the learned
caunsfl my it is not oniy passed in a
haste erflyf. fméixgmg of the notice in contempt:
. é_ but «respondents appear to be searching for
‘ :§t:e%% flim4Sy:V’gf€:3.1nd or the other to reject the claim rather
{<3 a{i§2_€£f1Vée the object eff 1:133 scheme and 1:23 acccrd
g_ f£gh*;.er's pension to a freedam fighter in an
A ~ If " héiiourabie marmer.
12. We find it is more disgacefu} to harass and
hzzmiliaté the fmedom fighters in this mazmer than
CCC NOQOO4 of 2909
conferring on them any ‘samman’ or giving them ‘s$i:sife:1ance.
13. A lady cf 80 years aggf,
imprisonment more than 50 years:’»,bar;k«,
remember the precise durati03″i, 0§ age
and in her condition, thgugh many elderly
people to have sharp ‘4 ..
14. The as to whether the
pension can material and I10{ as to
whether ” Vémnly defeats the object of the
scheme. “the complainant and the C€1’tifiz1xc-:rTc1id confirm with the factum 0f having
in this state of affairs, the Crovemment
sfifigflé. restored the pensien but that is 1101; the
V aréeri.
Be that as it may. As observéd, aariier in this order, it
V. –. 1′:i1ay not be proper to €X£1II1iI1€ the correctness or otherwise of the-:
‘ ~. Ezrrdar in ccmtempi: jurisdiction.
CC-C N02004 of 2009
: 10 :
16. While iibefty ie reserved to to
independently question the Va1idit_y~-sf et-he :§rdef’;e~Twe”e§{presS
dismay about the way the {}e1ie1′: im..e£;t”
paxficxfiariy, in the matter of of fI’f3§3(§Qfi§_: figfitere’ pefieion,
and the least we eat: do,i’s.__t:o cei:ipe:;eé:.t.e t11e«e’om15iainant for the
considerable harassment ~e ufi’ered by her because
of these proceedi13’g§$V.’Vj’~
_ {he petition, we impese coat of
Rs. 10,000 on -‘:20 he paid te the eotnpiainant
within four wee,%1<sf:4e;:: If the Cost is not paid within the
5;-fipulateifi Vvtime, _<;9;:.=.p}a.i:1eI1t can move for revival ef the
ed-nteii1'pt pet§ti'::{1:i;»
Sd/~
JUDGE
Sd/~
JUDGE
L n "I<I.i1'1s*