LAWS(KAR)-2021-4-45

MAHANTESH BURANPUR Vs. BENGALURU MAHANAGARA PALIKE

Decided On April 12, 2021
Mahantesh Buranpur Appellant
V/S
Bengaluru Mahanagara Palike Respondents

JUDGEMENT

(1.) The petitioner who is working as Executive Engineer (Additional Charge) in respondent-BBMP is before this Court under Article 226 of the Constitution of India, assailing the order bearing No. B12(6)/PR/353/20-21 dated 10.03.2021 (Annexure-Q) issued by the second respondent, keeping the petitioner under suspension under Rule 10 of Karnataka Civil Service (Classification, Control and Appeals) Rules, 1957 (for short 'CCA Rules').

(2.) Heard the learned Senior Counsel Sri. P.S. Rajagopal for petitioner and Sri. K.N. Puttegowda, learned counsel for the respondents/BBMP.

(3.) Learned Senior Counsel for the petitioner would submit that the petitioner who is working as Executive Engineer (Additional Charge) was kept under suspension under the impugned order dated 10.03.2021, only because a news item appeared in Prajavani Newspaper, a Kannada daily, dated 10.03.2021 in respect of the re-construction of a Community Hall in Yediyur, Ward No. 167 and also in respect of mis-utilizing the names of higher officials in the matter of White Topping work. Learned Senior Counsel would contend that the petitioner at his own has not split the work and not invited the tenders. The proposal for inviting tenders was forwarded to the petitioner under Annexure-D dated 04.07.2020 and Annexure-E dated 06.07.2020 splitting the work into three items. Further, learned Senior Counsel would point out that Job Number Certificate was issued for three items. The administrative approval was also obtained for three separate works in respect of re-construction of Community Hall in Yeidyur Ward.