IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF JUNE, 2021

PRESENT

THE HON9BLE MRS.JUSTICE S.SUJATHA

AND

THE HON9BLE MR. JUSTICE P.N.DESAI

WRIT PETITION No.25205/2015 (S 3 KAT)

BETWEEN :

SHRI NEELAKANTA GOWDA D.,

S/O D.DEVENDRA GOWDA

AGED ABOUT 73 YEARS

RETIRED SUPERINTENDING ENGINEER

PUBLIC WORKS AND INLAND

WATER TRANSPORT DEPARTMENT

R/AT NO.35, 2^ND MAIN,

DOLLARS COLONY, 5^TH PHASE

J.P.NAGAR, BANGALORE-560078

...PETITIONER

(BY SRI VIJAY KUMAR, ADV.)

AND :

1 .

THE STATE OF KARNATAKA

REP BY ITS PRINCIPAL SECRETARY

PUBLIC WORKS, PORTS AND

INLAND WATER TRANSPORT DEPARTMENT

VIKASA SOUDHA, BANGALORE-560001

2 .

THE CHIEF ENGINEER

COMMUNICATION AND BUILDINGS (NORTH)

PUBLIC WORKS AND INLAND WATER

TRANSPORT DEPARTMENT

DHARWAD, DHARWAD DISTRICT-580003

3 .

THE SUPERINTENDING ENGINEER

PUBLIC WORKS AND INLAND WATER

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TRANSPORT DEPARTMENT

BELLARY CIRCLE,

BELLARY DISTRICT-583101

4 .

THE EXECUTIVE ENGINEER

PUBLIC WORKS AND INLAND WATER

TRANSPORT DEPARTMENT

BELLARY CIRCLE

BELLARY DISTRICT-583101

5 .

THE ACCOUNTANT GENERAL

A & E, KARNATAKA, PALACE ROAD,

BANGALORE-560001

&RESPONDENTS

(BY SRI LAXMINARAYAN, AGA.)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE

IMPUGNED ORDER DATED 04.06.2015 PASSED BY THE

HON9BLE

KARNATAKA

ADMINISTRATIVE

TRIBUNAL

IN

APPLICATION No.3567/2008 VIDE ANNEXURE-A MAY BE SET

ASIDE AND THE APPLICATION BE ALLOWED AS PRAYED FOR.

THIS PETITION HAVING BEEN HEARD AND RESERVED,

COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY, S.

SUJATHA, J., PASSED THE FOLLOWING:

O R D E R

This writ petition is directed against the order

dated 04.06.2015 passed in Application No.3567/2008

by

the

Karnataka

State

Administrative

Tribunal,

Bangalore (8Tribunal9 for short), whereby the application

filed by the petitioner has been dismissed.

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2.

Briefly stated the facts are that the articles of

charges were issued against the petitioner alleging

irregularities

in

execution

of

works

relating

to

construction of barrage while working as Executive

Engineer in PWD Department, Bellary Division. The

petitioner has retired from service on 31.01.2000. It is

the contention of the petitioner that the construction

was completed and the barrage was used for more than

four years; due to improper maintenance of the barrage

and allowing unauthorizedly the farmers to operate the

gates, a part of the barrage collapsed due to heavy rains

on 07.12.2000. On inspection by the Chief Engineer, it

was found that due to lowering of the 2^nd tier gates by

the farmers unauthorizedly to impound more water, the

barrage had collapsed.

3.

It is the grievance of the petitioner that the

respondent No.1 without noticing the same, due to

pressure, proceeded to initiate the departmental enquiry

and issued articles of charges against the petitioner and

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others alleging dereliction in execution of the works.

The Inquiring Authority held all the nine charges as not

proved. The respondent No.1 disagreeing with the

enquiry report proceeded to issue second show-cause

notice and imposed the penalty of withholding 20% of

the pensionery benefits permanently and ordered for

recovery of 20% of the alleged loss of 72.35 lakhs.

Aggrieved by the same, the petitioner had approached

the Tribunal in Application No.3567/2008 which came

to be rejected. Hence, the present petition.

4.

Learned counsel for the petitioner argued

that the petitioner was transferred from Bellary Division

on 03.03.1999, as on which date the works were yet to

be completed. The gates were collapsed due to

impounding of excess water by lowering the upper gates

by the farmers illegally. Learned counsel argued that

the Rule 13 of Karnataka Civil Services (Classification,

Control and Appeal) Rules, 1957 provides for procedure

to be followed for holding a joint enquiry. No orders

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were p