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Judgment
The accused is present.
When the matter is taken up for hearings the accused has submitted un conditional apology in the form of an affidavit reading as hereunder:
I, G. Ramesh S/o.late C. Ganesh aged about 29 years. Secretary Dr. Ambedker Vidyanikethan, No. 949, MC Layout, 2nd Main Road, Viyayanagar, Bangalore-40 do hereby solemnly affirm and state on oath as follows:
I submit that, I am the accused in the above case and I know the facts of the above case and I am competent to swear to this affidavit
I submit that, the intervener has filed EP.1/2008 on the file of District Judge, Chikkaballapura and filed IA 4 allowing for the continuation of service and relief of arrears of salary, I had challenged said order W.P. No. 141/ 2009 obtained stay.
3, I submit that the Intervener had also filed Misc. Writ Application No. 2467/09 in W.P. No. 141/2009 to vacate the stay and allow her to continue her duties. and this Hon''ble Court vacated the stay order. Further this Hon''ble Court has initiated suo moto contempt against me for the violation of orders in Misc W.F. No. 2467/2009.
I submit that I have paid Rs. 6,00,000/- (Rupees six only) to the intervener towards, the fall and final settlement of her arrears of salary and intervener has agreed not to continue in my school as per her own wish.
In the circumstances, I humbly surrender myself by way of unconditional apology before. this Hon''ble Court that, I have fully satisfied the intervener claim and for the said benefide reasons the charges levied against roe in tie above case may be dropped in the interest of justice.
Wherefore, I humbly pray that this Hon''ble Court may be please to drop the above proceedings of this case in the interest of justice.
The accused, in order to show his bonafides to purge the contempt committed by him, has paid a sum of Rs. 6.00 lakhs by way of banker''s cheques a. sum of Rs. 3.00 lakhs by way of DD drawn on State Bank of Mysore, Vijayanagar Branch, Bangalore: dated 18.6.2011 in favour of intervener namely Pushpalatha and another DD drawn on State Bank of Mysore, Vijayanagar Branch, Bangalore dated. 19.7.2011 in the name of intervener who had been ordered to fee reinstated in terms of the, order made by this Court in EAT No. 4/2003, confirmed by this Court in W.P. No. 13207/2005. The intervener namely, Smt. Pushpelatha has submitted that she had received a sum of Rs. 6.00 lakhe in full and final settlement of salary due to. her from the accused. She has further submitted that she is No. longer willing to serve in the Institute of Dr. Ambedker. Vidyaniketha, of which the accused is the Secretary. This is because of the past experience she had with the said institution.
The accused has rendered unconditional apology stating that he did not have the intention to abuse the process of law or to obstruct the course of administration of justice.
4, The suo motu contempt proceeding were initiated against accused for obtaining Interim order of stay by filing Misc.WP.2467/2009 to prevent the intervener Smt. Pushpalatha from resuming her duties and also deny her of arrears of salary.
The accused has submitted his unconditional apology as stated supra, soon after the charges were framed:
The accused has purged contempt committed by him by paying arrears of salary to Smt. Pushpalatha who was aggrieved by. the interim order made in Misc.WP.2467/2009. She has submitted that she is No. longer willing to work in the institution of the accused. in which the accused is the Secretary.
Therefore, we accept the unconditional apology rendered by the accused and discharge him by invoking proviso to Section 12 of the Contempt of Courts Act, 1971.
In the result, we pass the fallowing order:
The accused is discharged and contempt proceedings are dropped.