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Judgment
N. Kumar, J.—This petition is filed complaining disobedience of the order dated 23.06.2011 passed in W.P. No. 14778/2011. The order which is said to have been disobeyed reads as under:
Pursuant to the order dated 20.06.2011 it is stated by the learned Counsel for the respondent no. 2 that the only post in which the petitioner could be accommodated is the post of Foreman and not the post of Assistant Engineer, The petitioner is not averse to reporting for duty as a Foreman, notwithstanding; that it is a lower post and the learned Counsel wold file a memo In this regard to state that he has no objection to he posted as a Foreman with the second respondent Recording the memo, the petition stands disposed of as having become in fructuous.
The petitioner would further apprehend that he would not he taken back to duty unless there is a direction to the respondent to permit him for duty. Accordingly the petitioner undertakes to report for duty on 24.06.2011 at 10.30 am.
The said order came to be passed on a memo filed, a copy of which is produced at Annexure ''E'' which reads as under:
The, advocate for petitioner most respectfully begs to submit as follows:
The petitioner would like to continue against the vacant Foreman post in thus U.B.D.T. Engineering College, Davangere till the 1st Respondent and 4th Respondent take appropriate decision in giving him the Assistant Engineer post as per his appointment order
Annexure ''C'' the Official Memorandum issued by the Davanagere University reads as under:
With reference to the above subject, at the time of establishment of Davanagere University as there was no sanctioned post of Assistant Engineers, against the vacant post of Foreman Sri. P. Vasudeva has been appointed and he has been rendering his services in Davanagere University and its other unit colleges.
In the reference 1- Official Memorandum of Government, in the interest- of administrative and public, Sri. P. Vasdeva, Assistant Engineer has been transferred to the Kuvempu University Shivamoga from the Davanagere University In the reference-2 order the Government has passed an order to the effect that the U.B.D.T. Engineering College, Davanagere has been declared as the unit college of Vishveshwaraiah Technical University. In that background as there was no sanctioned post of Assistant Engineers either in the said college or Davanagere University, the order has been passed by the Vice-Chancellor by considering the transfer order passed in reference-1 -Government Official Memorandum and request of Sri. P. Vasudeva as per reference-3 Sri. P. Vasudeva, Assistant Engineer has been relived from the duty and directed to report duty immediately before the Registrar, Kuvempu University, Shankaraghatta. He is also informed to handed over charge to the Executive Engineer, Davanagere University, Davanagere.
In the light of what is stated above, there is no direction issued to the Registrar, Davanagere University or to the Registrar. Vishveshwaraiah Technical University, Therefore, there is no contempt Hence, contempt proceedings are dropped.