N MUNIVENKATAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ISSUE rule. Though this petition is listed for preliminary hearing in "b" group, the same is heard, finally by consent of the parties and disposed of by this order.

(2.) IN this Writ Petition the petitioner has questioned the validity of the notice dated 2. 8. 2000 issued by the second respondent, commissioner of Corporation of City of Bangalore, as per Annexure-D by which he has initiated proceedings against the petitioner under rule 11 of the Karnataka Civil Services (Classification, Control and appeal) Rules, 1957 (hereinafter called "the KCSR Rules") on the ground that the second respondent has no jurisdiction to initiate such proceedings.

(3.) THE brief facts are as hereunder:-Petitioner was working as an Executive Engineer in charge of gandhinagar Division in the Corporation of City of Bangalore. On 2. 6. 2000 the second respondent, Commissioner of Corporation of city of Bangalore suspended the petitioner on the allegation that an expenditure of Rs. 43. 64 lakhs was incurred for repairing the road connecting Sultanpet Main Road and Mysore Road as against the sanctioned amount of Rs. 13. 10 lakhs. Subsequently on 2. 8. 2000 charges were framed on the above allegations against the petitioner as per Annexure-D and the disciplinary proceedings were initiated against the petitioner. It is this action of the second respondent which is challenged in this Writ Petition on the ground that the second respondent had no jurisdiction to initiated such proceedings.