LAWS(KAR)-2023-4-414

NAGEGOWDA Vs. STATE OF KARNATAKA

Decided On April 17, 2023
NAGEGOWDA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner is before this Court seeking quashment of an order dtd. 3/1/2022 by which approval/sanction for conduct of investigation is refused by the Competent Authority.

(2.) Heard Sri.Varun R.R., learned counsel appearing for petitioner, Sri B.V.Krishna, learned Additional Government Advocate appearing for respondent No.1, Sri B.B.patil, learned counsel appearing for respondent No.2, Sri.A.K.Vasanth, learned counsel appearing for respondent No.3 and Sri.L.M.Chidanandayya, learned counsel appearing for impleading applicant.

(3.) Facts in brief that leads the petitioner to this Court, in the subject petition, as borne out from the pleadings, are as follows: The petitioner is the complainant, the complaint is against the 3rd respondent an Executive Engineer, now retired, on attaining the age of superannuation. The allegations pertain to the period during which the 3rd respondent was working as Executive Engineer. Floods caused certain damage to four tanks in K.R.Pet taluk, Sindagatta tank, Haralahalli tank, Hosaholalu tank and Agrahara Bachihalli tank. This resulted in water seeping into the agricultural fields and causing damage to the crops. The work of repair of the said tanks was declared to be of urgent nature and accordingly permission was accorded to Cauvery Neeravari Nigama Limited to carry out such repairs granting exemption under Sec. 4(a) of the Karnataka Transparency in Public Procurements Act, 1999 ('Act' for short). The declaration reads as follows: