SRI. TIPPANNA S/O HANUMANTHAPPA TALWAR vs MR. RITESHKUMAR SINGH IAS

Court
Karnataka High Court

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CCC No. 100036 of 2025


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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 14 DAY OF OCTOBER, 2026


PRESENT

THE HON'BLE MR. JUSTICE M.I.ARUN


AND

THE HON'BLE MRS JUSTICE USHARANI

CIVIL CONTEMPT PETITION NO. 100036 OF 2025


BETWEEN:


SRI. TIPPANNA
S/O HANUMANTHAPPA TALWAR,
(T.H. TALWAR),
AGED ABOUT 63 YEARS,
OCC. RETIRED PRINCIPAL,
ALURU VENKATRAO,
PU COLLEGE, MUGAD,
R/AT: SHRI SHIRADI SAIBABA COLONY,
SADANAKERI, DHARWAD-580008.

… COMPLAINANT
(BY SRI. RAVI HEGDE, ADVOCATE)

AND:






Digitally
signed by K M
SOMASHEKAR
Date:
2026.10.17
17:28:34
+0530
K M
SOMASHEKAR


1. MR. RITESHKUMAR SINGH, IAS,
AGE: MAJOR, THE PRINCIPAL SECRETARY,
DEPARTMENT OF PRIMARY AND
SECONDARY EDUCATION,
(PRESENTLY CALLED AS DEPARTMENT OF
SCHOOL EDUCATION AND LITERACY),
M.S. BUILDING, BENGALURU-560001.

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CCC No. 100036 of 2025


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2. MRS. SINDU B. RUPESH, IAS,
AGE: MAJOR, THE DIRECTOR,
PRE-UNIVERSITY EDUCATION DEPARTMENT,
TH
18 CROSS, SAMPIGE ROAD,
MALLESHWARAM,
BENGALURU-560012.

3. MR. SURESH K.P.,
AGE: MAJOR,
THE DEPUTY DIRECTOR,
PRE-UNIVERSITY EDUCATION DEPARTMENT,
DIST. DHARWAD-580001.
… ACCUSED
4. THE STATE OF KARNATAKA.

… PRO-FORMA RESPONDENT

(BY SRI. PRAVEEN K. UPPAR, AGA FOR A1 TO A3 AND PRO-
FORMA R4)

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 TO TAKE
COGNIZANCE OF AN OFFENCE PUNISHABLE UNDER SECTION
11 AND 12 OF CONTEMPT OF COURTS ACT 1971 AND PUNISH
THE ACCUSED PERSONS FOR HAVING DISOBEYED THE ORDER
PASSED IN WP NO.106274/2024 (S-R) DATED 14-11-2024,
PASSED BY THE LEARNED SINGLE JUDGE, HIGH COURT OF
KARNATAKA, DHARWAD BENCH, VIDE ANNEXURE-F AND ALSO
AWARD COST OF THIS PROCEEDINGS, IN THE ENDS OF
JUSTICE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN
AND
HON'BLE MRS JUSTICE USHARANI

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CCC No. 100036 of 2025


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ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.I.ARUN)


1. The contempt petition is filed alleging willful
disobedience of the order passed in Writ Petition
No.106274/2024.

2. In the said Writ Petition, the Principal Secretary,
Department of School Education and Literacy Department,
State of Karnataka, the Director, School Education and Literacy
Department, State of Karnataka and the Deputy Director,
School Education and Literacy Department were arrayed as
respondents.

3. The complainant happened to be a faculty member
of a school run by one Sarvodaya Shikshana Trust.

4. The allegation of the complainant was that, he was
not paid salary and other monetary benefits due to him, in
accordance with law.

5. After hearing the parties concerned, this Court in
Writ Petition No.106274/2024, has passed the following order:
“ORDER
i) This petition is allowed.

ii) A writ of mandamus is issued directing the
respondents to consider the representation

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dated 01.07.2024 at Annexure-F and another
representation dated 19.08.2024 at
Annexure-G, in accordance with law.
iii) This Court hopes that the State takes it
seriously and passes a suitable order
expeditiously.
iv) The compliance shall be met with within a
period of four weeks from the date of receipt
of copy of this order.”


6. The contempt petition is filed alleging willful
disobedience of the said order by the persons concerned.

7. In the course of arguments, it is submitted that
pursuant to filing of the contempt petition, the State has
released the necessary amounts payable to the complainant
and has issued the communication to the Management of
Sarvodaya Shikshana Trust stating that the delay in release of
the amounts due to the complainant, is because of the fault of
the Educational Trust and hence the interest upon the delayed
payments made to the complainant is payable by the Trust.

8. The complainant admits receipts of the amounts
due. However, his grievance is non-payment of the interest
upon the delayed payment. He also disputes the non-payment
of leave encashment benefits.

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9. In the process, the complainant has sought to
implead the Secretary of Sarvodaya Shikshana Trust by filing
an impleading application.

10. Learned AGA submits that immediately after receipt
of the order passed by this Court, the request of the
complainant has been processed and submits that no other
amounts are due to the complainant. He also submits that
there is no positive direction in Writ Petition No.106274/2024,
wherein the respondents therein have been directed to pay
certain sums to the complainant and the order only directs the
Authorities concerned to process the request of the complainant
in accordance with law, which has been done and there is no
willful disobedience of any orders of this Court on the part of
the accused. He further submits that if the complainant is not
satisfied by the amounts released in his favour, he is always at
liberty to approach the appropriate forum in accordance with
law.

11. Learned counsel appearing for the Secretary of
Sarvodaya Shikshana Trust submits that he was not made a
party to the proceedings in the Writ Petition No.106274/2024

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and no directions have been issued to him in the said writ
petition and hence the question of him facing contempt
proceedings at the hands of this Court does not arise. He
submits that the application filed by the complainant to implead
him may be dismissed.

12. Admittedly, what has been directed by this Court in
Writ Petition No.106274/2024 is that the Authorities concerned
should consider the request of the complainant for payment of
certain amounts due to him as alleged by him. The same has
been considered by the Authorities concerned and the
complainant has received the said sum. However, in its
communication to the Educational Trust, the State has
mentioned that the delay in payments of amount to the
complainant was due to the fault of the Trust and the
Authorities cannot be held responsible for payment of interest
on the delayed payment.

13. Admittedly, the Sarvodaya Shikshana Trust has not
been made party to the proceedings in the writ petition and no
direction has been issued to it. Hence, the question of them,
committing contempt of the order passed in Writ Petition

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No.106274/2024 does not arise. If the complainant is of the
opinion that certain amounts towards leave encashment and
also interest upon the delayed payment are still due to him, he
is always at liberty to initiate appropriate proceedings to
recover the same from the concerned, in accordance with law.
We do not find any willful disobedience of the order passed in
Writ Petition No.106274/2024 by any of the accused or the
persons sought to be impleaded in the proceedings.

14. For the aforementioned reasons, the contempt
petition stands dismissed .

15. Pending interlocutory applications, if any, stands
dismissed accordingly.


Sd/-
(M.I.ARUN)
JUDGE


Sd/-
(USHARANI)
JUDGE



KGK
CT:BCK
LIST NO.: 1 SL NO.: 4