MEGHA H.S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) Sri. Phanindra, learned Senior counsel appearing on behalf of Sri. Pavan G.N., learned counsel appearing for the petitioner, invited the attention of the Court to letter dtd. 23/3/2023 (Annexure-F) and argued that, the basis for issuance of the suspension order dtd. 5/6/2023 (Annexure-A) is with regard to the temporary construction has been made as per the direction issued by the Chief Engineer, Solid Waste Management, BBMP, Bengaluru. He further contended that, based on the said report, the temporary construction has been made, which may be removed at any point of time by the contractor and in this regard, the said aspect has not been considered by the respondent-Government while issuing order dtd. 5/6/2023. In this aspect, the learned Senior Counsel appearing for the petitioner, submitted that, the impugned suspension order is required to be set aside.

(3.) Per contra, Sri. M.S. Nagaraju, learned Additional Government Advocate submitted that, the Government has taken conscious decision while passing the order dtd. 5/6/2023 and the said order is only an order of suspension, pending enquiry and therefore, she submits that no interference is called for in this writ petition.