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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF APRIL, 2023 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.8171 OF 2023 (S-RES)
BETWEEN:
SRI. MANJU SHREYAS V.
S/O VENKATESH T.
AGED ABOUT 34 YEARS, JUNIOR ASSITANT, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, NORTH WEST-2, BENGALURU WATER SUPPLY AND SEWERAGE BOARD (BWSSB), PEENYA 2ND STAGE, BUS STAND, BENGALURU - 560 058. R/AT NO.9, 19TH CROSS, BWSSB QUARTERS, MALLESHWARAM, BENGALURU – 560 055.
…PETITIONER (BY SRI. VIJAYA KUMAR, ADVOCATE)
Digitally signed by CHAYA S A Location: High Court of Karnataka AND:
1. THE CHAIRMAN AND DISCIPLINARY AUTHORITY BENGALURU WATER SUPPLY AND SEWERAGE BOARD (BWSSB), CAUVERY BHAVAN, K.G. ROAD, BENGALURU – 560 009.
2. THE EXECUTIVE ENGINEER BENGALURU WATER SUPPLY AND SEWERAGE BOARD (BWSSB), (NORTH WEST), WEST OF CHORD ROAD 2ND STAGE, BENGALURU – 560 086.
3. THE ASSISTANT EXECUTIVE ENGINEER BENGALURU WATER SUPPLY AND SEWERAGE BOARD (BWSSB), (NORTH WEST), SUB-DIVISION, BENGALURU – 560 086.
…RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET-ASIDE THE ORDER DATED 27TH FEBRUARY, 2023 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-D; DIRECT THE RESPONDENTS TO REINSTATE THE PETITIONER INTO SERVICE BY CONSIDERING HIS REPRESENTATION DATED 13TH MARCH, 2023 VIDE ANNEXURE-E; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Heard Sri. Vijaya Kumar, learned counsel appearing for the petitioner and Sri. B.L. Sanjeev, learned counsel appearing for respondents.
2. It is the case of the petitioner that the petitioner was working as Junior Assistant with the respondent-Board and thereafter, he was promoted for the post of Assistant during the year, 2019. Subsequently, respondent-Board passed the impugned order dated 27th February, 2023 (Annexure-D), wherein the petitioner was suspended from service.
3. Sri. Vijaya Kumar, learned counsel appearing for the petitioner submits that a Show-cause Notice was issued against the petitioner, however, no enquiry has been initiated against the petitioner on the alleged imputation charged in the said Show-cause Notice dated 12th December, 2022.
Accordingly, he sought for interference of this Court.
4. Per contra, Sri. B.L. Sanjeev, learned counsel appearing for the respondent-Board sought to justify the order of suspension dated 27th February, 2023 (Annexure-D) passed by the respondent-Board on the ground that the conduct of the petitioner is contrary to the Rules/Regulations of the respondent-Board. Accordingly, he sought for dismissal of the writ petition.
5. Having heard the learned counsel appearing for the parties, taking into account the fact that the impugned order of suspension has been made on 27th February, 2023 (Annexure- D) and pursuant to the same, the petitioner has made representation dated 13th March, 2023, seeking revocation of the impugned order of suspension, without expressing any opinion on merits of the case, respondent No.1 is directed to consider the representation dated 13th March, 2023 (Annexure- E), within an outer limit of four weeks from the date of receipt of this order. Accordingly, writ petition is disposed of.
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