EXECUTIVE ENGINEER Vs. GOVINDA REDDY

JUDGEMENT

(1.) This Regular First Appeal is filed by the plaintiffExecutive Engineer, No.4, Hemavathi Left Bank Canal, Turuvekere, against the judgment and decree dated 16.02.2013 made in O.S.No.48/2007 on the file of the Senior Civil Judge and JMFC, Tiptur whereby, the suit of the plaintiff filed for recovery of damages of Rs.84,16,284/- together with interest at the rate of 6% per annum came to be dismissed based on Preliminary Issue Nos.4 and 5 holding that the suit filed by the plaintiff is barred by limitation and the suit is not maintainable.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) The facts in nutshell are that the appellant/plaintiff filed the suit for recovery of damages contending that the defendant/respondent is a retired Assistant Executive Engineer who had worked from March 96 to March 98 as Assistant Executive Engineer, at No.1, Hemavathi Channel, Enquiry Sub-Division, Hedagarahalli. During his tenure, he was entrusted with supervision of CC lining work, Tumkur Distributor Channel from 23 to 27 Kms. lane, but he did not discharge his duty promptly and there are lapses and deficient in the service on his part and has shown dereliction of duty. Due to the said act, the State Government has suffered a loss to the tune of Rs.84,16,284/-. After issuing legal notice to the defendant, since the defendant gave untenable reply, the suit came to be filed for the relief sought for.