GIDDEGOWDA CONTRACTORS Vs. STATE

JUDGEMENT

(1.) Petitioner who is the sole accused has filed this petition under Sec. 482 Cr.P.C., challenging the criminal proceeding initiated against him in Cr.No.46/2022 for the offences punishable under Ss. 7 and 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013.

(2.) In support of the petition, petitioner has contended that he is one of the partners of M/s Giddegowda contractors. The Karnataka Urban Water Supplies and Drainage Board Division, Shimoga awarded contract, as per agreement dtd. 14/12/2018. On 8/4/2022 the Assistant Director (Grade-I), filed a complaint alleging that on 27/2/2022 when he visited a Wet Well Tank near private bus stand, adjacent to Indira canteen, Bhadravati, he found manual scavenging work carried out without any safety gears. Based on the said complaint, the concerned police registered the case in Cr.No.46/2022, and petitioner was issued with notice. He has secured anticipatory bail.

(3.) On 26/2/2022, the workers were trying to remove defunct Pump set from the wet well in order to replace it with a new pump set. The workers were provided with safety gears, and other material, including uniform. The wet well was closed for operations due to failure of the pump set, and there was no sewage water or other affluent flown to the sewage treatment plant. No manual scavenging was done. The workers who were working were not belonging to Schedule Caste or Schedule Tribe. Wet well tank is neither a sewage nor a septic tank. The complaint is filed on the instruction of Kumar, an ex- employee of petitioner was not given sub-contract. Even where the entire allegations made in the complaint taken into consideration on its face value, it would not attract any of the provisions of the act. Continuation of the proceedings, would amount to abuse of the process of the Court and pray to dismiss the petition.